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(영문) 부산지방법원 2015.12.24 2015노2989
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable.

2. In full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant agreed with the victim; (c) the Defendant considered equity with the case where the first head written in the judgment of the lower court, which became final and conclusive; (d) the Defendant again committed the instant crime despite the past record of having been punished several times in the form of fraud; (c) the Defendant already determined the sentence by taking into account all the circumstances; and (d) there was no change of circumstances that may vary in the circumstance at the trial; and (e) other factors, such as the Defendant’s age, character and conduct, intelligence and environment; (d) relationship with the victim; (e) the motive, means, and consequence of the instant crime; and (e) the circumstances after the instant crime, etc.,

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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