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(영문) 서울고등법원 2018.08.16 2018노1051
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: The sentence of the lower court’s wrongful assertion of sentencing (four years of imprisonment) shall be too unreasonable and the determination of the sentence is unreasonable.

2. Although the Defendant actively expressed his/her intent to agree with the victim in an appellate trial, the Defendant did not agree with the victim.

In the process of agreement, even though the victim did not accept the alternative method of the defendant's proposal while demanding cash reimbursement from the defendant in the course of the agreement, it cannot be a reason to criticize the victim or to post the defendant.

In addition, since new data on sentencing have not been submitted in the appellate court, there is no particular change in sentencing conditions compared to those of the lower court.

In addition, four years of imprisonment with prison labor imposed on the defendant at the court below is consistent with the majority opinion of the jury who participated in the court below's trial procedure, and the sentence presented by the rest of the jury is greater than this.

Considering all the sentencing factors revealed in the appellate court trial including these circumstances, the sentence of the court below is too heavy to the extent that the court’s reasonable discretion exceeds the court’s reasonable discretion.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

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. It is so decided as per Disposition.

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