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(영문) 서울동부지방법원 2018.08.31 2018노877
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding misunderstanding (as to the crime No. 3 as indicated in the judgment below), the Defendant has the right to lease to the RP shop in the RP ship, as he belongs to Y.

As I think and concluded a contract with the victimO, the defendant did not have the intention of deception.

B. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant asserted the same as the above in the trial, and the lower court determined that this part of the facts charged was guilty by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the reasoning of the instant case’s argument and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been reasonably determined by fully taking account of 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 modified.

3. Thus, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That in accordance with Article 25 (1) of the Rules on Criminal Procedure, the defendant's appeal is corrected to change "(each imprisonment choice)" to "(each imprisonment choice)" under Article 6 of the judgment below below.

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