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(영문) 서울중앙지방법원 2013.06.14 2013노1505
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal. 2. The scope of the recommended sentence in the judgment of this court is 6 months to 1 year and 6 months (general fraud, 1 type and basic area). The scope of the recommended sentence is 6 months to 6 months, and the scope of the recommended sentence is 6 months to 2 years and 3 months.

Within the scope of such a recommended sentence, even though the defendant is divided into his mistake, and part of damage was recovered, the defendant has been punished by a fine more than three times due to a similar crime, and the nature of the crime of this case is relatively poor, and there is no agreement with the victim yet to be reached, taking full account of the following circumstances, such as the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime of this case, circumstances after the crime, risk of recidivism, etc., it is difficult to view that the sentence of six months (the lowest sentence scope of the recommended sentence) sentenced by the first instance court is too unreasonable, and the above argument of the defendant disputing this point is not acceptable.

3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.

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