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(영문) 서울남부지방법원 2017.04.27 2017노124
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal of this case is that there is no significant damage caused by each of the crimes of this case, that the defendant continues to endeavor to reach an agreement with the victims, that the defendant is unable to cope with aquatic life due to the lack of health conditions due to cerebral blood surgery and urine diseases, etc., and that the defendant will not repeat again in the future, reflecting his mistake in depth.

In light of the fact that the court below's sentence (six months of imprisonment) is too unreasonable.

2. The Defendant had a record of being punished four times as a crime of fraud, and in particular, in 201, the Defendant was punished as a crime of fraud of the same several laws.

Until the trial, damage recovery measures have not been properly taken.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant on the grounds of appeal, as well as the age, sex, environment, motive, means, and consequence of the instant case, including favorable or unfavorable circumstances to the Defendant.

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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