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(영문) 서울동부지방법원 2015.04.23 2015노356
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) shall be excessively unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant’s confession and reflects all of the instant crimes, (b) the old age of 74 years and health is not good; and (c) there are family members to support.

On the other hand, even though the defendant had been subject to criminal punishment several times, he again committed the crime of this case, and even if the amount of damage was 50,000,000 won or more, he did not take any measures to recover damage, and the victim wanted to be punished strictly for the defendant, etc. Accordingly, considering all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are shown in the argument of this case, it cannot be 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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