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(영문) 서울동부지방법원 2015.07.09 2015노376
사기
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 following are the circumstances favorable to the Defendant: (a) the Defendant’s confession and reflects the instant crime; (b) the equity with the case where the judgment was rendered simultaneously with the final judgment on fraud; and (c) the fact that the health condition was not good due to kid cancer surgery.

On the other hand, the fact that the defendant again committed the crime of this case without being aware of the fact that he had been punished several times due to the same crime, and that the amount of damage was not agreed with the victims even though there was a significant amount of damage, and that there was no measure to recover damage, etc. are disadvantageous to the defendant. In light of the above circumstances and other factors, considering all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., 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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