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(영문) 서울남부지방법원 2018.08.31 2018노1068
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant's mistake is divided and reflected, and that the balance with the case where the defendant has been tried at the same time as before the judgment of the court below should be considered.

However, in full view of the following facts: (a) even if the Defendant returned a passenger car to the victim, the amount of damage was not paid to approximately KRW 25 million; and (b) comprehensively taking account of the circumstances before and after the instant crime; (c) the Defendant’s age, sexual conduct, occupation, and environment; and (d) all of the sentencing conditions indicated in the instant records and arguments, the sentence imposed by the lower court is deemed appropriate; and (d) the Defendant’s assertion is unreasonable as it does

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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