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(영문) 의정부지방법원 2019.08.23 2018노2203

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The two-year imprisonment sentenced by the court below to the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized all of the facts charged in this case, against his mistake, and the punishment should be determined in consideration of equity with the case of fraud entered in the first head of the crime in the judgment of the court below at the same time on August 24, 2016. Meanwhile, the crime in this case was committed by deceiving two victims by means of fund-raising act, etc. without permission, etc., and the nature of the crime is poor; the defendant did not agree with the victims up to the trial; the defendant did not take any measures to recover damage; the defendant was absent on several occasions at the court below and the trial court; the defendant had the ability to be subject to criminal punishment several times due to the same kind of crime; the defendant committed each of the crimes in this case without deliberation even if he was a repeated crime for the same kind of crime; the records and circumstances of the crime in this case after the sentence of the court below did not change the defendant's age, the circumstances that the defendant did not have any special reasons for the change in circumstances, etc., and there are no special reasons for the judgment below to recognize the defendant's punishment.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.