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(영문) 서울서부지방법원 2015.01.09 2014노1371
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s punishment (three million won by fine).

2. Determination is an element for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflected, that the defendant agreed with the victims, that the defendant's health is not good due to the depression, etc.

However, in full view of the factors of sentencing disadvantageous to the defendant and various other factors of sentencing indicated in the records of this case, such as the fact that the defendant used a method of providing forged lease contract as security, which is very poor in quality of the crime, the defendant committed again the crime of this case even though he had been punished by forging a lease contract that has already been provided as security and borrowing money, and there is no change in circumstances to change the sentencing of the court below, etc., the sentence of the court below against the defendant is proper.

3. In conclusion, 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. It is so decided as per Disposition.

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