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(영문) 서울남부지방법원 2016.04.15 2015노2115
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination factors are the sentencing factors favorable to the Defendant, such as the Defendant’s confession and reflection of the instant crime, and the primary offender who has no record of criminal punishment.

However, even though the Defendant was aware of the progress of the original trial on November 24, 2014 and twice by telephone call with the court staff on November 28, 2014, the Defendant was not present in the said trial without clearly disclosing the location thereof. The amount of damage in this case is not much than 45.3 million won, and even if the damage was not recovered, it is an element for sentencing unfavorable to the Defendant.

In addition, considering various sentencing conditions in the instant case, such as the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court does not seem to be reasonable and unfair because it is too 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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