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(영문) 부산지방법원 2017.12.01 2017노2263
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unfair because the punishment (amounting to 500,000 won) imposed by the court below is too unreasonable.

2. A favorable circumstance is that recognition of a crime and reflects the judgment, and the equality in the case of larceny at the same time with the first head of the crime in the judgment of the court below is considered.

However, in full view of the fact that there is no agreement with the victim, there is a history of criminal punishment of a fine for fraud, there is no special change in circumstances after the sentence of the lower judgment, and other various circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, etc., it is difficult to view the lower court’s punishment too unreasonable because it is too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

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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