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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower judgment is too heavy (4 months of imprisonment).
2. Determination: (a) there are favorable sentencing grounds, such as the fact that the defendant led to the confession of the crime; (b) there is a family member to support; and (c) there is no criminal record exceeding the suspension of the execution of the same kind of criminal punishment or imprisonment with prison labor; (c) however, the victim did not agree with the victim or recover from the damage even though he obtained by deceptioning KRW 31.7 million; (d) there are several times of the previous criminal records (two times of the suspension of the execution of the imprisonment with prison labor; and (e) the victim wanted to punish the defendant; and (e) the reason for unfavorable sentencing, such as the defendant's age, family relation, economic situation, background and motive leading to the crime; and (e) other matters concerning the sentencing as indicated in the records and changes of the records of this case, the punishment of the court below is judged
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.
However, in the application of the law of the lower judgment, the addition of “1. Selection of Punishment: Imprisonment: Selection of Punishment” in the following Article 25(1) of the Regulations on Criminal Procedure shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure.