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(영문) 서울남부지방법원 2018.05.29 2018노419
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court rendered a sentence of one year, which corresponds to the lower limit of the sentencing guidelines set forth in the sentencing guidelines, considering the following: ① the Defendant’s unfavorable circumstances, ② the Defendant’s relationship with the victim, ③ the victim’s personal history, the victim’s personal history, the victim’s personal history, the victim’s personal history, and the Defendant’s personal history, such as taking advantage of the victim’s relationship and taking advantage of the victim’s personal history, and threatening and taking advantage of the victim’s personal history, and repeated the similar crimes; ② the victim committed a repeated crime during the period of repeated crimes despite the past 20 times as well as the criminal punishment, and the victim expressed his/her intent that he/she would not be punished.

The lower court’s sentencing seems to have been determined in full view of the above various circumstances, and there is no special change in circumstances that could be evaluated differently from the sentencing conditions of the lower court up to the trial, and in full view of all the factors of sentencing, including the Defendant’s age, health status, sexual conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, the lower court’s punishment against the Defendant is too unreasonable.

Therefore, the defendant's argument of sentencing 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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