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(영문) 부산지방법원 2014.08.21 2014노2006

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution and one hundred and twenty hours of community service for six months of imprisonment) is too unreasonable;

2. Although there are extenuating circumstances such as the defendant's agreement smoothly with the victim, the defendant committed the crime of this case again despite the fact that the defendant had reached several concurrent criminal records, and the defendant again committed the crime of this case. Above all, the defendant refused to appear at the investigative agency's request for appearance, was investigated at two times or at the end of a warrant of arrest issued, requested extension of the sentencing date on the ground of agreement with the victim after the closure of pleadings even in the trial process. When a detention warrant was issued and the detention was applied for release on bail after agreement with the victim, it is extremely doubtful whether the defendant is true against the wrongness of the defendant. Meanwhile, considering the defendant's tendency, community service work for 120 hours at the construction site management office is currently serving, but considering the defendant's tendency, it is deemed necessary to prevent recidivism as well as the punishment corresponding to the crime of this case, and considering various circumstances such as motive, circumstance, age, personality, behavior, environment of the defendant, etc., the sentencing of the court below is proper.

3. In conclusion, 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.