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(영문) 대전지방법원 2016.10.13 2016노1973
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 500,000 won) that the court below rendered against the defendant is too unreasonable.

2. In full view of the following: (a) the Defendant’s confession of the instant crime while leading up to the confession of the instant crime; and (b) the fact that the equity should be taken into account at the same time with the crime on which the judgment became final and conclusive; (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence, and circumstances before and after the instant crime; and (e) there are no data newly discovered in the course of the trial of the sentencing of the instant case (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Therefore, the Defendant’s assertion of unfair sentencing is unreasonable because the sentence imposed by the lower court is without merit.

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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