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(영문) 서울동부지방법원 2014.10.23 2014노960
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

2. The following circumstances are considered: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant agreed with, or did not recover from, the victim until the Defendant was in favor of the Defendant; (c) the amount of damage reaches KRW 56 million; (d) the Defendant has a majority of the same criminal records (one time of suspended execution and three times of fines); (d) there are no changes in circumstances that may reduce the punishment after the sentence of the lower judgment; and (e) there are no other changes in circumstances that may serve as conditions for sentencing, such as the Defendant’s age, character, character, family relation, environment, motive, means and consequence of, the crime after the sentence of the lower judgment.

Even if the sentence imposed by the court below is too unreasonable, it is not recognized that the sentence should be reversed.

Defendant’s assertion is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition

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