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(영문) 서울북부지방법원 2015.06.18 2015노620
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. Although the judgment of the court below acknowledged that the part which the defendant denied in the court below's trial was erroneous, it appears that the defendant committed a misunderstanding while living under confinement for more than two months after the decision of the court below was rendered, and there was no record of being punished for the same kind of crime as the crime of this case or of being subject to heavy punishment exceeding a fine, the victim not only suffered property damage which the defendant suffered due to each crime of this case, but also suffered severe mental suffering. However, even though the defendant seems to have suffered from severe mental suffering, 4 years which were shorter from the time of committing each of the crimes of this case, up to 6 years later from the time of committing each of the crimes of this case, the defendant did not receive a letter from the victim due to either compensating for the amount of damage, agreement with the victim, etc., and taking into account the motive and circumstance leading up to each of the crimes of this case, the age, character and behavior of the defendant, occupation, job, family relation, etc., it cannot be deemed that the sentence of the court below is too unfair.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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