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(영문) 서울중앙지방법원 2018.01.26 2017노4269
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The first deliberation punishment (one year of imprisonment) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The Defendant seems to have referred to the existence of accomplices who did not speak in the investigation stage despite being concentrated in the investigation stage, and to cooperate with the investigation agency.

However, considering these circumstances, it is difficult to view that the first deliberation sentence is unfair because it goes beyond the scope of discretion and is too unreasonable in full view of various circumstances indicated in the column for “reasons for sentencing” of the first deliberation, taking into account the following circumstances: Defendant’s age, sex, environment, health condition, family relationship, motive, means and consequence of the crime, etc.

Therefore, the defendant's assertion is without merit.

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

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