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(영문) 서울서부지방법원 2015.05.01 2015노190
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (three months of imprisonment) shall be too unreasonable, because of the gist of the grounds for appeal.

2. Determination factors are sentencing factors favorable to the defendant, such as the fact that the defendant reflects his/her mistake, that part of the damage has been recovered, that the balance of punishment has to be considered when the judgment was rendered simultaneously with the final judgment of fraud.

However, in full view of all the factors of sentencing unfavorable to the defendant, including the fact that the defendant has been punished for the same kind of crime, and that there is no agreement with the victims, etc., and other factors of sentencing as shown in the arguments in the instant case, including the defendant's age, character and conduct, environment, and the circumstances after the crime, the sentence of the court below against the defendant is adequate

3. In conclusion, 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. It is so decided as per Disposition.

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