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(영문) 서울동부지방법원 2015.11.12 2015노1116
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) shall be excessively unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant made a confession and reflects the instant crime; and (b) the equity in the case where the judgment was rendered simultaneously with the judgment that became final and conclusive.

On the other hand, even though the defendant was punished more than 10 times for the same crime including six times of punishment, he again commits each of the crimes of this case, commits again during the period of repeated crime resulting from the same crime, and commits the crime with heavy liability, and did not agree with the victims even though he did not have much amount of money acquired by the majority and the victim, and did not take any measures for recovery from damage, etc., which are disadvantageous to the defendant.

In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too unreasonable.

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

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