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(영문) 부산지방법원 2015.04.09 2014노3836

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two years of imprisonment, three years of suspended execution, and 180 hours of community service order) is too unreasonable.

2. The fact that the Defendant recognized all of the instant crimes and agreed with the victim is favorable to the Defendant.

However, not only has the record of having been punished for the same crime, but also there is a large amount of damage of each of the crimes of this case as KRW 361 million, there is no change of circumstances to be considered in the sentencing since the court below was sentenced to the judgment of the court below, and other various circumstances, such as the defendant's age, motive and circumstance of the crime, means and result of the crime, etc., and the result of the application of the sentencing guidelines of the Supreme Court Sentencing Committee, it cannot be deemed that the sentence of the court below is too heavy, considering the following factors:

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.