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(영문) 서울동부지방법원 2013.08.30 2013노748
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment, and eight hours of community service order) is too unreasonable.

2. The judgment that the defendant recognized his mistake, the degree of damage caused by each of the crimes of this case is not significant, and the defendant deposited 1.5 million won for the victim D, etc. However, the crime of this case is committed by violating the victim D's subparagraphs which caused the defendant to go at his own home and it is not good that the crime of this case is committed, and the defendant has a record of criminal punishment of imprisonment twice for the same kind of crime as this case, and the defendant has a record of working for the defendant to be sentenced to a community service order within the period of probation, but the community service order is executed within the period of probation (Article 62-2 (3) of the Criminal Act). Thus, considering the circumstances that the defendant can adjust a certain community service by explaining such circumstances, the circumstances and circumstances unfavorable to the defendant, such as the motive and background leading up to the crime of this case, circumstances before and after the crime, age, character and conduct of the defendant, occupation, family relation, etc., the court below's decision of punishment too inappropriate.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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