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(영문) 서울남부지방법원 2013.05.02 2013노347
사기
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment (1.2 million won of fine) imposed by the court below is too unreasonable.

Therefore, it is true that there are extenuating circumstances to consider the defendant, such as the fact that the defendant recognized the crime of this case as well as the fact that he was able to be tried together with the crime of violation of the Act on the Control of Narcotics, etc. (fence) in the first head of the judgment below.

However, in full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances following the crime, the Defendant committed the crime of this case without being weighted despite being a repeated offender; the Defendant did not properly recover from damage to the victim of the fraud of this case; the Defendant did not reach an agreement with the victim; the lower court sentenced to a fine of KRW 1.2 million which was partially reduced by a fine under a summary order in consideration of various circumstances favorable to the Defendant; and the lower court did not change special circumstances or circumstances that may be considered in sentencing newly after the sentence of the lower judgment; and the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and the circumstances following the crime, etc., which are conditions for the argument and the sentencing specified in the record, even if considering all the circumstances asserted by the Defendant and his defense counsel as grounds for

Therefore, the defendant and his defense counsel's assertion is without merit.

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

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