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(영문) 서울남부지방법원 2013.04.04 2012노1443
유사수신행위의규제에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (1.5 million won of fine) imposed by the court below against the defendant is too unreasonable.

Therefore, there are extenuating circumstances, such as: (a) the Defendant was aware of the instant crime, and the Defendant was able to repent his mistake in depth; (b) the Defendant was economically difficult circumstances; and (c) the Defendant had no power to commit the instant crime.

However, in full view of the following circumstances: (a) the Defendant’s crime of this case did not suffer from mental and economic pain; (b) the Defendant did not recover damage to the victim; and (c) the lower court sentenced 1.5 million won by reducing a fine of two million won under a summary order by taking account of the circumstances favorable to the Defendant; and (d) there was no special change in the circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (e) other circumstances that form the conditions for the argument and sentencing indicated in the record of this case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) other circumstances that form the conditions for sentencing as indicated in the argument and the record after the crime, even

Therefore, the defendant's assertion is without merit.

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

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