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(영문) 서울서부지방법원 2015.10.22 2015노962
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (a.e., a fine of 1.5 million won).

2. The fact that the decision-making defendant acknowledges and reflects his own crime and seems to have reached the crime of this case contingently due to economic difficulties is an element of sentencing favorable to the defendant.

However, there is no agreement with the victim, embezzlement of stolen possession on November 28, 201, violation of the Specialized Credit Financial Business Act, and attempted fraud, and the suspension of indictment was imposed, but again, the crime in this case was committed, and there is no change in circumstances that can be considered in sentencing after the judgment of the court below is an element of sentencing unfavorable to the defendant.

In addition, considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and criminal record, it cannot be said that the sentence 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 since it is without merit. It is so decided as per Disposition.

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