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(영문) 서울동부지방법원 2015.05.28 2015노389
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 circumstances favorable to the Defendant include: (a) the Defendant led to the confession and reflect of the instant crime; (b) the equity with the case where the judgment becomes final and conclusive at the same time; and (c) the fact that part of the Defendant paid damages to

On the other hand, the defendant has been punished for the same kind of crime several times, the fact that he again commits the crime of this case without being aware of it during the period of repeated crime due to the same crime, the fact that most of the damages have not been recovered, and the fact that the victim failed to agree with the victim, which led to the failure to agree with the victim, are disadvantageous to the defendant. Considering the above circumstances and 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., as mentioned in the argument of this case, it cannot be deemed unfair because the sentence imposed by the court below is too excessive.

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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