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(영문) 서울동부지방법원 2014.11.06 2014노488
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant has agreed with the victim and has paid damages up to now, and the economic situation is not good. The punishment imposed by the court below (hereinafter referred to as a fine of KRW 10 million) is too unreasonable.

2. The judgment of the court below recognizes all of the crimes of this case and reflects the fact that the defendant satisfied the agreement with the victim and met the damage is favorable in sentencing, but the court below seems to have determined the punishment in consideration of the inevitable circumstances when the defendant choose imprisonment by committing the crime of this case during the period of repeated crime. In addition, considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it is too unreasonable to the extent that the sentence imposed by the court below should be reversed.

The defendant's assertion of unfair sentencing is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition

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