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(영문) 서울남부지방법원 2018.04.19 2018노296
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant recognized the instant crime and reflected it.

The alcohol concentration in blood at the time of the defendant's driving of alcohol is relatively high.

Vehicles operated by the defendant are covered by comprehensive insurance.

However, there are many criminal records against the defendant, including fraud, drinking, driving without a license, etc.

The defendant was sentenced to punishment due to the crime of fraud and committed the crime of this case again even during the period of repeated crime.

The amount of damage caused by the Defendant’s fraud is more than KRW 50 million, and most of the damage was not recovered.

A victim of fraud is punished for a defendant.

The judgment below

There is no change in circumstances that will be considered in sentencing after the sentence.

In addition, when considering all of the sentencing circumstances shown in the records and arguments of this case, such as the defendant's age, sex, career, family relation, environment, motive, means and result of the crime, circumstances after the crime was committed, and criminal experience, the sentence of 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 on the grounds that the defendant's appeal is without merit.

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