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(영문) 서울동부지방법원 2015.09.17 2015노792
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor of the court below) is too unreasonable for 10 months to be sentenced by the court below.

2. As to the grounds for appeal, there are extenuating circumstances, such as the following: (a) the Defendant was aware of all mistakes, and is repenting; (b) the burden of hospital expenses led to each of the crimes in this case under the influence of the influence of judgment, which led to violent inclinations even under the influence of alcohol; (c) the victims have not want to punish the Defendant; (d) G does not want to be punished against the Defendant; and (e) G is not good health due to panchitis and liveration; and (e) it is the wife who needs to support old-parents.

However, on the other hand, the Defendant committed the instant crime more than four times at the center of the victims, such as repeating the forms of taking-out, and had the record of having been sentenced to fines and imprisonment several times for the same kind of crime on January 8, 2014, and again repeatedly committed the instant crime on July 7, 2014 after having been sentenced to one year to imprisonment for the same kind of crime on June 16, 2014. Examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is appropriate and it is not unreasonable to determine the sentence.

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

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