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(영문) 서울중앙지방법원 2014.12.11 2014노3580
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (6 months of imprisonment with prison labor for a crime of one to three crimes at the time of filing the appeal, and 2 months of imprisonment with prison labor for a crime of four crimes in its holding) is too unreasonable.

2. The Defendant, when making a judgment on the grounds for appeal, made a confession of the crime of this case, and made the mistake in depth.

However, even though there was a history of multiple punishment including the same crime, the defendant committed the crime of this case, and did not take sufficient measures to recover the damage of the victim C until the trial is held.

In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., as seen in the instant pleadings and records, it is not recognized that the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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