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(영문) 서울남부지방법원 2016.08.11 2016노832
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal lies in the life of the Defendant who suffered from the past illness and sent a yellow machine without adaptation to society.

The Defendant caused the instant crimes by resolving the basic livelihood and demanding the occurrence of the damages.

In the case of the 2015 High Order 5275, the profits earned by the Defendant by committing the crime are KRW 15 million, KRW 1.5 million in the case of the 2015 High Order 5275, KRW 2016 High Order 409, KRW 1.5 million in the case of the 2016 High Order 2016 High Order 1054, KRW 1.50,000 in the case of the 2015 High Order 5275, the damage was fully recovered, and the Defendant plans to pay the damage by deposit in the court.

The defendant is trying to recover damage by recognizing and opposing his mistake.

In full view of these circumstances, the punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

2. Examining the Defendant’s age, sex, career, family relation, environment, motive, means and consequence, circumstances after committing the instant crime, and the reasons for sentencing of the lower judgment in light of various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant on the grounds of appeal.

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

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