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(영문) 서울동부지방법원 2016.09.28 2016노937
사기등
Text

The defendant's appeal is dismissed.

The application for compensation order of this case shall be dismissed.

Reasons

1. The sentence imposed by the court below (five months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment rendered by the Defendant has become final and conclusive each of the three years of imprisonment with prison labor on February 25, 2015, and imprisonment with prison labor on August 28, 2015, and one year of imprisonment on March 3, 2016, and if the indictment of this case was taken earlier, it is recognized that each of the above judgments could have been tried together with the fraud for which each of the above judgments became final and conclusive.

However, the defendant's crime of this case is very serious in the nature of the crime and the crime. The defendant committed the crime of this case in collusion with several persons on a systematic basis and forged the written lease contract and acquired the large amount of 120,000 won as security.

The role of the defendant is not small, the profits acquired also are not significant, and the victim wants to punish the defendant again.

In this regard, considering the above-mentioned favorable normal data, the sentence imposed by the court below is not heavy, even if considering the above-mentioned favorable normal data.

3. 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. Since the instant application for remedy order is the same as the application for remedy order dismissed in the lower court, it is so decided as per Disposition by the assent of all participating Justices, pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion,

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