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(영문) 서울남부지방법원 2018.03.30 2017노2488
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is divided by mistake, and the amount of damage caused by each individual crime is large.

Although it cannot be seen, in full view of all the sentencing conditions in the records and arguments of this case, including the fact that the defendant committed the above crimes during the period of the same repeated crime, and did not recover from damage to the depth of the party, and there is no change in circumstances after the court below, the sentence imposed by the court below is judged appropriate, and is too unreasonable, so the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 2009Da36424, Apr. 2, 2009). However, since the application of the law of the lower judgment is obvious that entry of aggravated repeated crimes was omitted due to mistake, the application of the law of the lower court ex officio pursuant to Article 25 of the

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