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(영문) 서울동부지방법원 2014.10.30 2014노1215
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The following circumstances are considered: (a) the Defendant led to the confession of and reflects on the instant crime; (b) the Defendant could be concurrently punished in the relationship between the first head of the lower judgment and the latter part of Article 37 of the Criminal Act; and (c) the Defendant appears to have been aware that there were no benefits actually acquired due to the instant crime; (b) the Defendant agreed with the victim or did not recover from damage until the Defendant was in favor of the Defendant; (c) the amount of damage was also in a relatively high amount; (d) the Defendant has the same criminal history; (d) there was no change of circumstances that could reduce the punishment after the sentence was rendered; and (e) there was no change of circumstances that may reduce the punishment after the sentence was rendered; and (e) all other various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, family relationship, motive, means and

Even if the sentence imposed by the court below is too unreasonable, it is not recognized that the sentence should be reversed.

Defendant’s assertion is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition

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