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(영문) 서울동부지방법원 2018.05.03 2017노1875
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The Defendant did not have the scope of deception at the time of mistake of facts.

B. The sentence of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

Judgment

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted the same as the grounds for appeal in this part, and the lower court rejected the said assertion in detail by providing a detailed judgment on the grounds of “the Defendant and the defense counsel’s assertion and judgment.”

In light of the above decision of the court below, a thorough examination of the evidence, including evidence Nos. 3 through 9, submitted by the defendant in addition, is just, and there is no error of misunderstanding of facts, such as the defendant's assertion.

Therefore, the defendant's assertion of mistake of the above facts is without merit.

B. Although the Defendant paid the full amount of damages and agreed smoothly with the victim, it is recognized that the amount of damages in the instant case exceeds KRW 29 million, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions stated in the instant pleadings, such as the circumstances after the commission of the crime, etc., the lower court’s punishment against the Defendant is too unreasonable.

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

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