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(영문) 서울서부지방법원 2018.09.20 2018노861
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal (the imprisonment of two years and six months and the compensation order) is too unreasonable.

2. The judgment shows the attitude of the Defendant to make a confession and reflect on each of the crimes in this case, and the fact that the Defendant did not have the same criminal record or imprisonment with labor is favorable to the Defendant.

However, in full view of all of the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the following circumstances, the lower court’s punishment is too excessive and thus is deemed unfair, and thus, there is no need for a strict punishment, there is no special circumstance or circumstance to be newly considered in the sentencing after the lower judgment was rendered, and there is no change in the circumstances or circumstances that may be newly considered in the sentencing following the Defendant’s sentencing. The Defendant’s most of the profits derived from the Bosing crime was made entertainment expenses, and there was no agreement with the victims or efforts to repay the damages. In so doing, the Defendant’s unlawful assertion on the Defendant’s sentencing is rejected.

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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