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(영문) 부산지방법원 2017.12.22 2017노3982
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. A favorable circumstance is that recognition of a crime and reflects the fact that there is no criminal record for the same kind of crime, and that the wife and her children must be supported.

However, in full view of the following circumstances: (a) the victim provided money to the Defendant for a loan of high interest; and (b) the victim seems to have suffered considerable economic and mental pain up to now; (c) most damages have not been recovered even if the extent of damage was small; (d) the victim did not reach an agreement with the victim; and (e) there is no special change in circumstances after the decision of the court below; (b) the equity in sentencing with the same similar case; and (c) other circumstances that form the conditions for the sentencing specified in the instant case, including the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, it is difficult to deem

Therefore, we do not accept the above argument of the defendant's above sentencing.

3. In conclusion, 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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