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(영문) 서울남부지방법원 2016.04.28 2016노2
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant borrowed money from the victim from the time of the investigation to recognize and reflects the fact that he was unable to repay money, the health and economic situation support a very bad mother, the entire family has suffered a big loss by investing money in the business of Handphones of this case, only the punishment for suspended execution as stated in the facts charged for previous offense, and the defendant has been living in prison for not less than four months in this case, etc., the sentence (one year and six months imprisonment) imposed by the court below is too unreasonable.

2. In addition to all of the sentencing conditions indicated in the instant case, including the Defendant’s age, character and conduct, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime, considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if it is considered that the Defendant’s assertion on the grounds of appeal is too unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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