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(영문) 부산지방법원 2015.02.05 2014노4642

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The fact that the judgment defendant led to the confession of the crime of this case and appears to repent of his mistake, and that the court below reached an agreement with the victim F, G, and E is favorable to the defendant.

However, the lower court appears to have determined a sentence by fully considering the circumstances favorable to the Defendant, and there is no change of circumstances that would be different from the lower court’s sentence at the time of the trial, and the Defendant has been punished five times (one time of the suspension of the execution of imprisonment and imprisonment with prison labor, and three times of the suspension of the execution of the sentence) for the same crime, in particular, the Defendant committed the instant crime again during the period of repeated crime, which is only four months after the execution of the sentence was completed, and the remaining victims have not been agreed upon or has not recovered from damage until the trial, and in addition, considering all other factors that are the conditions for sentencing, such as the Defendant’s age, character and conduct, motive for the instant crime, and the circumstances after the crime, it cannot be deemed unfair that the lower court’s

Therefore, 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.