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(영문) 서울북부지방법원 2018.08.30 2018노1139
사기방조등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

2. The Defendant recognized all of the instant crimes, and there are no circumstances that may be considered in light of the circumstances, such as the primary offender.

However, the lower court appears to have rendered a sentence by fully considering these circumstances, and it is reasonable to respect the sentencing of the lower court in this case where there are no changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment.

In addition, the defendant's act of making it difficult to trace and recover the amount of damage caused by Boishing crime is highly likely to be subject to criticism or punishment, and the victim has lost the amount of money borrowed in order to prepare the balance of money in preparation for the marriage of her children, and even if examining the defendant's age, family economic circumstances, motive for the crime, and circumstances after the crime, etc., as shown in the argument of this case, the judgment of the court below exceeded the reasonable scope of discretion.

It is difficult to evaluate.

Therefore, the defendant's assertion is without merit.

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

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