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(영문) 서울동부지방법원 2018.11.23 2018노984
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully taking into account all the circumstances, including the various reasons for sentencing alleged by the Defendant, and the Defendant started to pay part of the amount of damage to the victim after the lapse of a long period from the crime of this case, not making any special efforts to recover the victim’s damage until a long period from the crime of this case elapses, and the total amount of the damage (eight million won) falls short of the principal amount of damage. In so doing, it is difficult to view the lower court’s sentencing solely on the ground that the Defendant repaid 8 million won to the victim in the first instance trial, to the extent that the Defendant changed the sentence.

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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