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(영문) 서울남부지방법원 2014.01.23 2013노1879
사기
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.

Therefore, it is true that there are extenuating circumstances to consider the defendant, such as the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no power to commit the crime, that there is no power to commit the crime, that is the elderly, as well as that the health conditions are not good.

However, in full view of the various circumstances, including the Defendant’s character and behavior, environment, motive, means and consequence of the crime, the circumstances following the crime, etc., and the sentencing conditions specified in the arguments and records of this case, even if considering all the circumstances asserted by the Defendant and his defense counsel as grounds for appeal, it is not recognized that the Defendant’s punishment imposed by the lower court is excessively unreasonable, even if it is considered that the Defendant’s punishment should be reversed.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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