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(영문) 춘천지방법원 강릉지원 2013.08.27 2013노154

사기

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (two months of imprisonment, two years of suspended execution, two years of community service, two hundred hours of imprisonment) is too unreasonable.

There are conditions favorable to the defendant, such as the fact that one of the 2gs of pine trees planted by the victim has lost the real value of the property by the death, and reflects the fact that the value of the property has been lost.

However, considering the fact that the amount of damage caused by the instant crime is KRW 50 million, the nature of the crime is not good in light of the Act on the Punishment, etc. of Specific Crimes, the damage has not been recovered, equity in the case where the instant crime and the instant crime and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (forest) which became final and conclusive on June 30, 2011 at the same time, and all other circumstances that form the conditions for the sentencing specified in the instant case, such as Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, etc.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.