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(영문) 서울서부지방법원 2017.07.06 2017노521
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are the first offender, and the confessions and reflects of the instant crime are favorable to the defendant.

However, in full view of all the circumstances revealed in the arguments, such as the circumstance and before and after the instant crime, Defendant’s age, sexual behavior, family environment, etc., the sentence of the court below cannot be deemed to be unfair to the extent that the sentence of the court below is too too unreasonable and thus should be reversed, in light of the following: (a) the Defendant promised to marry by approaching the victim C with his own academic background and occupation; (b) the fact that it is not good to the nature of the crime by taking cash services, etc. with the credit card of the victim and by taking money as the name of investment in stocks; (c) the victim did not receive a letter or reach an agreement; and (d) there is no change of circumstances favorable to the

3. Conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that it is not reasonable.

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