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(영문) 부산지방법원 2017.05.26 2017노847
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (excluding imprisonment with prison labor for up to six months) is too unreasonable (the Defendant withdrawn his assertion of mistake and misapprehension of legal principles on the date of the first trial of the first trial of the first instance court). 2. Determination of the lower court is recognized on the following grounds: (a) the Defendant recognized the mistake of facts on the trial date; (b) there was no criminal record exceeding the fine;

However, the defendant did not agree with the victim or take particular measures for recovery of damage until three years of time, since he/she got 10 or more times from the victim and acquired money from the victim (total of KRW 6,1730,000).

In addition, considering all the sentencing conditions, such as the defendant's age, sexual conduct, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.

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