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(영문) 의정부지방법원 2013.11.14 2013노2091

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. In light of the fact that the amount of damage in this case is relatively small, the amount of damage in this case is relatively small, the defendant appears to have fully repaid the victims' damage, the health of the defendant is not good, and the defendant has been subject to criminal punishment several times, such as the circumstances favorable to the defendant, and the fact that each of the crimes in this case is committed during the period of repeated crime due to the previous crime, the defendant committed the crime in this case only about 12 days after release, and the criminal facts committed the crime in this case, and the circumstances leading to this case, the defendant seems to have a high risk of repeating the crime at the same time. Considering the sentencing of the defendant by taking into account all the sentencing conditions as shown in the records of this case, including the age, character and conduct, the method of criminal conduct, the circumstances after the crime, etc., the sentence of the court below against the defendant is deemed to have been deemed to have been proper and too heavy or unfair. Thus, the defendant and the prosecutor's assertion in this case are without merit.

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.