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(영문) 서울남부지방법원 2015.05.08 2014노2007
사기등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is too unreasonable considering the following circumstances: (a) the victim C does not want the punishment of the defendant; and (b) the defendant is in an economically difficult situation as a recipient of basic living security without good health such as undergoing a simplified surgery; and (c) the punishment of fine of KRW 1,00,000, which the court below rendered, is too unreasonable.

In light of the circumstances that the defendant asserts, even though the defendant had been punished before committing the crime of this case 13 times, the defendant had been punished for the same kind of crime, and it seems that the defendant had agreed with the victim C but did not repay the damage. In addition, considering the various circumstances, such as the defendant's age, character, conduct, intelligence and environment, motive, means and consequence of the crime, etc., the punishment sentenced by the court below is appropriate, and it is not unreasonable because it is too unreasonable.

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

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