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(영문) 서울동부지방법원 2016.04.07 2015노106
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. In full view of all other circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, attitude of the crime, etc. in the trial of this case, the defendant had been sentenced to a four-year sentence due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the defendant was released on June 29, 2012 and again committed the crime of this case again during the period of parole (the expiration of the term of punishment on January 17, 2013) and the crime of this case was committed again during the period of parole; the contents of deception of the crime of this case and the method of committing the crime; and all other circumstances, including the defendant's age, sexual behavior, environment, motive and consequence of the crime; the defendant's request for the defendant's wife in the name of the victim company was submitted, but the decision was reflected in the decision of the court below after submission of the agreement and withdrawal of the complaint in the name of the victim company.

(A) The sentence imposed by the court below is appropriate and too unreasonable, and does not seem unfair.

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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