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(영문) 서울남부지방법원 2017.05.25 2017노403
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the Defendant’s intent to agree with the victims as he reflects his mistake in depth; (b) the Defendant depended on the influence of alcohol in one’s own after the failure of his business; and (c) there are circumstances to consider the circumstance that the Defendant committed each of the instant crimes; and (d) the damage from each of the instant crimes was not so significant, the sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. In addition, the Defendant began to commit each of the instant crimes, which constitute the same repeated crime, before the lapse of six months from the date on which he/she was reinstated and released as a crime of fraud under the same veterinary law.

Until the trial, damage recovery measures have not been properly taken.

In addition, considering the various circumstances asserted by the defendant on the grounds of appeal, the sentencing circumstances in the instant case including the Defendant’s age, sex, environment, motive, means, and consequence, and the reasons for sentencing in the lower court’s judgment compared with those indicated in the instant records and arguments, it is not determined that the lower court’s sentence, which was lower than the lower limit of the sentencing guidelines set by the Supreme Court’s sentencing committee, is too excessive and is beyond the reasonable scope of discretion, even considering the circumstances alleged by the defendant on the grounds of appeal.

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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