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(영문) 서울동부지방법원 2013.04.25 2012노1499
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months, two years of suspended sentence, and 80 hours of community service order) of the lower court is too unreasonable.

2. The judgment does not have the same criminal record for the defendant, and there are circumstances favorable to the defendant, such as the fact that the defendant, in substitution with the investigative agency, the court below, and the court of original trial, had shown the attitude that the defendant committed the crime in question and tried to repent of the mistake. However, even though the amount of damage was not so much, the restoration of damage to the trial was not made to the trial. The sentencing of the court below seems to have taken into account all the above favorable circumstances, and there is no change of circumstances that may vary between the court below and the sentence, and in full view of all the circumstances shown in the records and arguments such as the defendant's age, character, character and environment, occupation, power, process of the crime in this case, means and result, etc., it cannot be deemed unfair

3. Accordingly, 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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