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(영문) 서울동부지방법원 2019.01.10 2018노1346
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not deceiving the victim as stated in the facts charged, nor did he had the intention to acquire the victim by deception.

B. The lower court’s sentence of unreasonable sentencing (limited to four months of imprisonment, one year of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination

A. In the lower court’s judgment on the assertion of mistake of facts, the Defendant also asserted the same as in the trial court, and the lower court found the Defendant guilty of the facts charged by comprehensively taking account of the circumstances acknowledged according to the evidence duly adopted and examined in the “judgment on the Defendant and his defense counsel’s assertion”.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and the judgment of the court below does not contain any error of mistake of facts as alleged by the defendant.

B. According to the instant argument and record on the assertion of unfair sentencing, the lower court’s punishment appears to have been appropriately determined by fully considering various grounds for sentencing alleged by the Defendant. The mere fact that the Defendant paid additional KRW 2 million to the victim during the trial does not constitute a special circumstance to the extent that ex post facto changes in sentencing.

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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