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(영문) 서울남부지방법원 2013.03.28 2013노286
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 is too unreasonable in light of various circumstances, including the fact that the defendant recognized the crime of this case and divided his mistake in depth, that the defendant could have been tried together with the crime of first head of the crime of the judgment below which became final and conclusive, and that there are the wife and children in need of the support of the defendant.

Therefore, even if the defendant thought that he would transfer another workshop that he leased and used from the victim to a third party, it would have been expected that the victim would have suffered mental and economic damage due to the extension of the term of lease by deceiving the victim to the above third party. The defendant did not appear in a position to be responsible after committing the crime of this case and left China, and did not reach an agreement with the victim because he did not recover damage to the victim. The court below determined the punishment in consideration of the circumstances favorable to the defendant. The court below did not change any special circumstances or circumstances that can be considered in sentencing newly after the sentence of the court below. Considering all other circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the defendant and his defense counsel should be reversed, even if they consider all the circumstances asserted as grounds for appeal, it is not deemed unreasonable to deem that the defendant's sentence imposed by the court below is too inappropriate.

Therefore, the defendant and his defense counsel'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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