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(영문) 서울동부지방법원 2015.11.12 2015노1105
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) shall be excessively unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant’s confessions and reflects the instant crime; (b) the equity in the case where the judgment is rendered simultaneously with the crime of forging private documents as indicated in the judgment that became final and conclusive; and (c) the fact that the health status is not good

On the other hand, the crime of this case was committed with a credit card by forging a document under the name of the spouse for a long time, and the nature of the crime is inferior, and the amount of damage exceeds 30 million won, which was not agreed with the victim, and most damage was not recovered, etc. are disadvantageous to the defendant.

In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too unreasonable.

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

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