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(영문) 서울동부지방법원 2014.09.18 2014노742
사기등
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.

2. The judgment that the defendant recognized all of the crimes of this case and divided his mistake in depth, and that the defendant agreed with I in the trial of the party (this refers to the victims who agreed with H and I, etc. up to now) is favorable.

However, the amount of damage caused by each of the crimes of this case is significant, the agreement with many victims or no recovery from damage was made, the defendant was sentenced to imprisonment with prison labor and fines several times for the same crime. In particular, each of the crimes of this case is a repeated crime of the same kind, and thus there is a need to be punished strictly in order to prevent recidivism. Although the court agreed with the victim I in the trial, it is difficult to view the amount of 5 million won agreed upon with the victim I as a meaningful amount to the extent that the court below should reverse the sentence in comparison with the total amount of damage, and it is not judged that the court below's punishment is unfair because of the various circumstances that are the conditions for sentencing such as the defendant's age, character and behavior, environment, motive for the crime of this case, and circumstances after the crime.

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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