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The defendant's appeal is dismissed.
Reasons
1. In light of the fact that the defendant is against the gist of the grounds for appeal, etc., the sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The circumstances favorable to the defendant include: (a) the fact that the defendant's mistake is seriously against the defendant; (b) the amount of partial repayment by the defendant out of the amount of damage to the victims; and (c) fraud, etc. for which the judgment has become final and conclusive; and (d) the equity between
Meanwhile, there are many criminal records, the victims of the instant crime did not have much amount of damage, the victims did not make efforts to recover damage despite being the Defendant, and the Defendant’s statement that there was no money due to gambling at the time of the instant crime when the police was investigated that there was no money at the time of the instant crime, etc. are disadvantageous to the Defendant.
In full view of the aforementioned circumstances, the Defendant’s age, character and conduct, and other circumstances revealed in the oral proceedings, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that would vary from the lower court’s punishment.
Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.
3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.