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(영문) 서울서부지방법원 2014.09.05 2014노811
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The major point of the grounds for appeal is that the sentence of the court below is too heavy;

2. The judgment is favorable to the defendant, such as the fact that the defendant made a confession of the crime and seriously reflects the fact that there is no same kind of power and only the fact that there is a fine.

However, considering the fact that the crime of this case is committed by borrowing money or receiving food, etc. from the victim on several occasions with lending money from the defendant before lending money, and that it is not good in quality, that the defendant agreed with or did not compensate for damage to the victim, that the victim was unable to repay the money, that the sentence of the court below constitutes the lower limit of the recommended type of punishment (one to one year and six months) according to the sentencing guidelines applicable to the crime of this case, that there is no change of circumstances that may be particularly taken into account in the trial, and that there is no other change of circumstances, and all the factors of sentencing as shown in the argument of this case, such as the background of each crime of this case, the defendant's age, character and behavior, and environment, the sentence of the court below against the defendant is proper.

3. Therefore, 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. It is so decided as per Disposition

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