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(영문) 부산지방법원 2016.04.08 2015노4590
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (500,000 won) of the judgment below is too unreasonable.

2. The judgment appears to be against the defendant's mistake, and the fact that the defendant does not want the defendant's punishment by agreement with the victim is recognized as a favorable circumstance for the defendant.

However, in full view of the facts that the crime of this case was committed by deceiving the victim and deceiving the victim, that the nature of the crime is not less severe, that the defendant has been punished for the same kind of crime, that the court below seems to have determined the punishment in consideration of the circumstances favorable to the defendant, and other various sentencing conditions in the records and arguments, such as the age, character and character environment of the defendant, circumstances before and after the crime, etc., the punishment of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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