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(영문) 서울북부지방법원 2015.10.22 2015노1446
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and two months of imprisonment) is too unreasonable.

2. Although the judgment of the court below acknowledged the defendant's mistake as a whole, it seems that knee is an open state due to the after-sale of injury caused by traffic accidents that occurred around August 2014. However, the defendant had been punished by imprisonment and a fine for the same kind of crime as the crime in the instant case, and the defendant committed each crime in this case for 10 months since he committed the crime against G during the repeated crime period for which 1 year has not passed since the execution of the imprisonment was completed, and 10 months has not passed since her agreement with the victims, and the defendant did not receive a letter from the victims, taking into account the motive and background leading up to each of the instant crimes, the circumstances before and after each of the instant crimes, the defendant's age, character and conduct, environment, occupation, family relation, etc., the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, among the facts constituting the crime of the lower judgment, the term “one year and six months of imprisonment” of the term “one year and six months of imprisonment, etc.” means “one year and six months of imprisonment” of “one year and six months of imprisonment, etc.” of the summary of the evidence, and each police statement of “1. X, AD, and Z” of “one year and one year of one year” of “each police statement of one year in relation to X, T, and Z” of “one year and one year of one year and six months of imprisonment,” is clearly erroneous, and thus, it is corrected to correct it ex officio

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