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(영문) 제주지방법원 2017.08.31 2017노332

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. It is recognized that the Defendant was in the first instance to recognize and reflect each of the crimes of this case, and that the Defendant was receiving mental treatment due to stimulative disorder, depression, etc.

However, in light of the background, method and content of each of the instant crimes, the amount of damages, etc., it seems that the crime is not good, the victims’ damage could not be recovered properly, and the Defendant had had the record of criminal punishment of two suspended execution due to embezzlement or fraud prior to all, and all of the sentencing factors in the instant records and trial process, including the Defendant’s age, sex, criminal conduct, environment, motive and background of each of the instant crimes, the means and method of each of the instant crimes, circumstances after the crime, etc., do not seem to have exceeded the reasonable scope of discretion, or to be unfair because the sentence imposed by the lower court is too excessive.

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.