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(영문) 서울고등법원 2017.08.17 2017노1377
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is unreasonable as it is excessively unreasonable compared to the extent of the Defendant’s responsibility.

2. While considering the fact that the nature of the crime of this case is not good, the damage scale and the fact that it seems that the victim had not been able to recover material damage, the repeated crime of this case during the period of repeated crime and the fact that there had been several penalties on several occasions, there is a need to consider equity in the case of receiving judgment at the same time as the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and considering the fact that the victim’s revocation of complaint in favor of the defendant, the court below set the punishment close to the lower limit of the punishment of law within the extent that the statutory punishment has been mitigated twice, considering the circumstances favorable to the defendant.

Such determination of sentencing by the court below seems to have been made within the reasonable scope of discretion by taking into account all the conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the fact that the defendant is able to pay damages with his depth, and that there are significant changes in the conditions of sentencing that make it possible to revise the judgment of sentencing even in addition to considering the fact that there is a family member

It is difficult to see it.

Thus, since the sentence imposed by the court below is too unreasonable compared to the defendant's liability, the defendant's improper assertion in sentencing is not accepted.

3. According to the 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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