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(영문) 서울동부지방법원 2012.11.22 2012노1160
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is excessively unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant was aware of and against the instant crime, and that there appears to have been somewhat impact on the instant crime.

However, the above circumstances appear to have been fully considered in determining the sentencing at the court below. On February 24, 2010, the defendant repeated the crime of this case even though he had been sentenced to a suspended sentence of one year for the six months of imprisonment with prison labor by larceny in this court on several occasions, and there is no change in circumstances that are different from the court below, such as repayment of damages up to the date of the trial or agreement with the victims, etc.

Other factors such as the age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime are considered, the sentence of the court below is considered appropriate.

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

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