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(영문) 서울중앙지방법원 2015.01.30 2014노4944
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. The judgment of the court below is against the defendant's mistake, but the damage of this case was not recovered at all until the court of first instance; the defendant was punished for the same crime; the court below seems to have been sentenced to the reduction of the fine amount of the summary order (5 million won) in consideration of the defendant's favorable circumstances; there are no special circumstances or changes in circumstances to be newly considered in the sentencing after the judgment of the court below; and all other circumstances, including the defendant's age, character and behavior, family relation, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing specified in the records and arguments of this case, are too unreasonable.

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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