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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2018.03.22 2017노2470
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the defendant is both aware of each of the crimes of this case and reflects his mistake, the actual interference with the victim C was committed, and the degree of 6 million won out of the acquired amount was used as living expenses together with the victim, and efforts was made to reach an agreement with the victims. In light of the fact that the court below's punishment (three months of imprisonment with prison labor for the first crime as stated in the judgment of the court below and five months of imprisonment for the second crime as stated in the judgment of the court below) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, it is doubtful whether the Defendant’s reflective nature is true, considering the following factors: (i) each of the instant crimes is inferior in light of the method of deception, etc.; (ii) the Defendant continues to repeat the same type of crime; and (iii) the Defendant appears to be in the attitude of light of legal order, such as holding a sentence by the same kind of crime and having completed the execution of the sentence by committing another crime; and (iv) the victims have not recovered from victims’ damage; and (v) the various sentencing conditions indicated in the instant case, such as the amount of fraud, the amount of fraud, the age of the Defendant, the motive for the crime, the relationship with the victim, and the circumstances after the crime, do not seem to have exceeded a reasonable discretion.

3. In 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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