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(영문) 서울북부지방법원 2018.05.18 2018노420
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The fact that the defendant is recognized to commit a crime and is against the defendant, and that the defendant has no criminal records of the same kind is favorable to the defendant.

However, the crime of this case is committed by the defendant to contribute children to the victim E, who has celebbbling children by the defendant, to the film.

The nature of the crime is not that of deceiving 20 million won by deception.

The court below did not detain the defendant in order to give the defendant an opportunity to recover damage. However, the defendant did not endeavor to recover damage after he remitted only 2 million won to the victim from the court below to the court below, and the victim wanted to pay a severe punishment.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

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

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