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(영문) 서울중앙지방법원 2017.10.19 2017노2311
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (1.5 million won penalty) is too unreasonable.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant, although there is no fact between the hospital and the hospital, deceiving the victim and defrauding 6.5 million won in total under the name of hospital expenses, etc., the crime of this case is not good, and there is no agreement with the victim, and there is a history of punishment for the same crime.

However, the fact that the Defendant is recognized as committing the instant crime, the fact that part of the amount of damage was paid (Evidence No. 109, 113, 159 of the evidence record), the equity with the case where the judgment is to be rendered simultaneously with the crime of injury for which judgment has become final and conclusive, the fact that the Defendant is gathering a mother who suffered from Alznz Byung (No. 18 of the trial record), and that the Defendant’s recipient of basic living is not good under economic circumstances (No. 19 of the trial record) are favorable to the Defendant (the trial record).

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for the sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair since the sentence imposed by the court below is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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