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(영문) 서울서부지방법원 2015.10.15 2015노1172
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) shall be too heavy.

2. The fact that the judgment defendant recognized the crime and reflecteds the crime, and that the fraud amount is merely 205,000 won is an element of sentencing favorable to the defendant.

However, the fact that there is no change in circumstances that may be considered in sentencing after the judgment of the court below, such as the fact that the defendant committed fraud with the method of crime in this case and was sentenced to imprisonment several times and was sentenced to a fine, and that the crime in this case constitutes a repeated crime, and that there is no change in the circumstances that may be considered after the judgment of the court below

In addition, considering the fact that the defendant was addicted to alcohol or all the sentencing conditions under Article 51 of the Criminal Act, such as the age, character and conduct of the defendant, the sentence of the court below cannot be deemed to be 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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