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(영문) 서울중앙지방법원 2018.11.22 2018노2366
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable (one year and six months of imprisonment with prison labor) and unfair (the defendant has withdrawn all the remaining arguments except for unfair allegations in sentencing among the grounds for appeal on the first trial of the court of first instance). 2. The judgment of the court below is reasonable in light of the following circumstances: (a) the defendant was found to have committed a crime in the first trial and has been divided; (b) the defendant was performed with cerebrovascular during the process of surgery in the instant case; (c) he was suffering from cerebrscular; and (d) the victim was suffering from cerebrs, and (e) he was suffering from cerebrsy; and (e) the victim was given favorable treatment to the defendant, such as paying KRW 15 million when she was in contact with the defendant and after the director was in contact with the defendant.

However, there are a lot of records that the defendant was punished for various crimes in the past, and among them, the records and arguments of this case, including the records of punishment of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the background and method of the crime in this case, etc., the quality of the crime in this case is poor and the damage amount to 140 million won is large, but most of them are not repaid to the present, and the victim seems to have suffered a big economic difficulty. In full view of the defendant's age, sex, environment, circumstance and result of the crime, the circumstances after the crime, etc., the court below's punishment cannot be deemed to be unfair because it is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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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