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(영문) 서울동부지방법원 2018.06.28 2018노539
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the Defendant, with regard to Nos. 2, 3, and 4 of the list of crimes in the annexed sheet 2, 3, and 4, did not intend to have intentionally loaded a medical stick under the wheels of the vehicle to pay the money under the name of the price, the lower court erred by misapprehending the facts, thereby convicting the Defendant of this part.

B. The sentence sentenced by the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The Defendant’s assertion of misunderstanding of facts cannot be viewed as a legitimate ground for appeal, as a new assertion that was filed after the lapse of the period for filing the appeal on the grounds of appeal.

B. According to the evidence duly adopted and examined by the court below, even if examining its own authority, it is recognized that the defendant, as stated in this part of the facts charged, caused a traffic accident by intentionally gathering medical stick under the wheels of the vehicle, and attempted to pay the money for the price. Thus, this part of the defendant's assertion is without merit.

B. In full view of the reasons for sentencing indicated in the records of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various reasons for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

Therefore, this part of the defendant's assertion is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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