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(영문) 서울동부지방법원 2016.05.20 2016노29
사기
Text

The defendant's appeal is dismissed.

The judgment below

The term " September 6, 2015" of 10 criminal facts of the same offense shall be " September 6, 2013".

Reasons

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) on the summary of the reasons for appeal is too unreasonable.

2. The judgment of the court below does not have any record of punishment for the same crime, and the fact that the defendant paid damages to the victim during the trial of the court below may be considered as normal data favorable to the defendant. However, in full view of the fact that the defendant has many records of punishment for multiple crimes other than fraud, the amount of fraud reaches 30 million won, and the circumstances leading to the crime of this case, the age and environment after the crime, and other conditions of sentencing such as the records, even if considering the above favorable normal data, the sentence of the court below is not heavy.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and it is obvious that “ September 6, 2015” in Article 10 of the Criminal Procedure Act is a clerical error in the context of “ September 6, 2013.” Thus, the judgment below is rendered ex officio rectification of the appeal in accordance with Article 25(1) of the Rules on Criminal Procedure.

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