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(영문) 서울동부지방법원 2015.06.11 2015노448
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable for six months.

2. As to the grounds for appeal, there are extenuating circumstances, such as the fact that the Defendant made a confession of all the crimes and divided errors, that is, the economic difficulty as a basic livelihood recipient, that is, mental health is not good due to the existence of alcohol and depression, that is, the amount of fraud is less, and that the victim C pays damages and agreements are reached.

However, upon examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive for and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court is appropriate and it does not seem to be unreasonable to determine the amount of punishment.

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

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