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(영문) 서울북부지방법원 2016.07.07 2016노713
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. Although there are no circumstances to consider the circumstances such as the Defendant’s recognition of the instant crime and the fact that there is no criminal history against the Defendant, the lower court already determined the punishment by taking account of the circumstances favorable to the Defendant, the fact that there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment, the damages have not been recovered properly, and other various circumstances that form the conditions for the pleadings and the sentencing indicated in the records of the instant case, including the Defendant’s age, sex, conduct, environment, motive, background, means and method of the crime, and the circumstances after the crime, etc., are not recognized as unfair because the sentence imposed by the lower court is excessively unreasonable.

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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