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(영문) 서울동부지방법원 2016.02.04 2015노1632
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (no. 10 months of imprisonment) on the summary of the grounds of appeal is unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant was found to have led to the fact that all of the instant crimes were led to the trial; (b) there was a family member to support; and (c) the fact that the Defendant was unable to have good health conditions.

On the other hand, the defendant had a record of criminal punishment exceeding 20 times in total due to the same crime, re-offending a crime without being aware of the period of repeated crime due to the same crime, and there was no agreement with the victim, and there was no measure to recover damage.

In light of such circumstances and other circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc. as indicated in the argument of the instant case, the lower court’s sentence cannot be deemed unfair due to excessive suspension of sentence and the circumstances after the crime.

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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