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(영문) 서울중앙지방법원 2013.04.04 2013노344
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

2. Determination on the grounds for appeal: (a) there are circumstances, such as the following: (b) the defendant committed a crime; (c) there is no history of criminal punishment for the same kind of crime; and (d) the defendant has to support his/her family; (c) on the other hand, there are no particular efforts to recover damage until the expiration of the considerable period from the date of the crime even though the damage to the victim was caused by acquiring a vehicle equivalent to KRW 7 million at the market price; and (d) there are no special circumstances or changes in circumstances that may be considered newly after the pronouncement of the judgment of the court below; and (e) comprehensive consideration of various circumstances that form the conditions for sentencing and sentencing specified in the arguments and the records of the instant case, such as the background of the instant crime, means and methods of the crime, the age and character of the defendant, character and conduct, environment, etc., even if considering the circumstances asserted by the defendant as the grounds for appeal, it cannot be deemed unfair to deem that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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