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(영문) 서울중앙지방법원 2014.04.24 2014노711
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court’s sentencing (a fine of two million won) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant made a confession of all the crimes of this case, and his mistake is deeply divided, and the crime of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act with the previous conviction in the judgment of the court below, and the punishment should be determined in consideration of the equity with the judgment at the same time.

However, the Defendant was punished several times due to the same crime, and the Defendant committed the instant crime even during the period of repeated crime after being punished as larceny; the Defendant was issued a summary order of KRW 3 million; however, the lower court sentenced the Defendant to a fine of KRW 2 million in consideration of the circumstances favorable to the Defendant; however, there was no special change in circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment was issued; the Defendant did not take any measures for the recovery of victims’ damage up to now; and the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and method of the crime, and the circumstances after the crime were committed, and the Defendant did not recognize that the sentence imposed by the lower court was excessively unreasonable. Therefore, the Defendant’s above assertion is without merit.

3. Conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.

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