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(영문) 서울중앙지방법원 2017.12.01 2017노3243
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is the circumstances favorable to the defendant that the defendant agreed with 15 victims, including AC and AG, paid part of the amount of damage to the victims, and reached an additional agreement with AR, BF, and AT in the first instance.

However, the defendant is under the period of repeated crime due to the same crime, and even though he had been sentenced to imprisonment several times as the Internet goods fraud crime under the same law, he again committed the crime of this case.

It is not even true that the damage has been recovered compared to the total amount of damage and the amount of damage.

In the past, the defendant agreed additionally with the victims when the defendant was in a serious trial.

The lower court’s punishment does not reach the extent of changing, as the actual repayment of damage was not made.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, motive, means, and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, it is difficult to deem that the sentence imposed by the lower court is too excessive to exceed the scope of sentencing discretion, and thus unfair.

Therefore, the defendant's argument of sentencing is not accepted.

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.

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