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(영문) 서울남부지방법원 2015.12.18 2015노1256
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is too unreasonable in light of the circumstances such as the defendant's opposingness and efforts to reach an agreement, the imprisonment of four months sentenced by the court below is too unreasonable.

Considering the circumstances of the defendant's assertion, the circumstances of the defendant's assertion, and the facts that the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment history of the defendant has reached 20 times, which includes nine times the past records of criminal punishment of the same kind of crime in this case, and the amount of fraud has never been endeavored for recovery of damage up to the trial. The crime of this case committed against the defendant without being aware of even though he was in the detention house, is not poor, and the punishment of this case has been imposed in consideration of various circumstances, such as the defendant's age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment imposed by the court below is appropriate, and it is not unreasonable because it is too excessive.

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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