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(영문) 서울남부지방법원 2017.09.28 2017노1053
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is in a profound radius from the grounds for appeal, the crime of this case was committed by forceful and contingent, and the defendant suffering from alcohol ozone is more urgent than punishment and it was difficult to reach an agreement because the victim's contact address is difficult to know, etc., the punishment (six months of imprisonment) imposed by the court below is too unreasonable.

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

In addition, the Defendant committed the instant crime without being aware of the period of repeated crime due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.).

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the reasons for sentencing of the lower judgment on the grounds of appeal, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unlimited and it is not determined that the Defendant exceeded the reasonable scope of discretion.

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. It is so decided as per Disposition.

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