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(영문) 서울중앙지방법원 2018.06.21 2017노4133
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 15 million) is too unreasonable.

2. The judgment below seems to have sentenced to a fine of KRW 15 million, considering all the circumstances unfavorable to the defendant, such as ① the fact that the defendant recognized the crime, ② the fact that the defendant committed the crime in this case during the repeated crime due to the same kind of crime, ② the fact that the defendant committed the crime in this case during the repeated crime period, and the fact that the damage amount exceeds KRW 300,000,000,000, in consideration of all the circumstances unfavorable to the defendant.

In full view of the Defendant’s age, career, sexual conduct, environment, family relationship, motive and background of the crime, sentencing guidelines, etc. in the trial of the political party, the sentencing judgment of the court below exceeded the reasonable bounds of discretion, even if considering the Defendant’s health status is not good and the Defendant fully repaid the amount of damage to the victim, even if it is considered that the amount of damage was discharged to the victim in full.

there is a special change in circumstances that can be assessed differently from the sentencing conditions at the court below.

shall not be deemed to exist.

Therefore, the sentence of the court below cannot be considered to be proper and too unreasonable.

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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