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(영문) 의정부지방법원 2017.02.14 2016노3443

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of one year and two months, and a fine of two million won) is too unreasonable.

2. Determination

A. It is recognized that the Defendant made a confession of all of the instant crimes and reflects on the fact that he/she was in the first instance.

B. However, the Defendant, by deceiving the victim, stolen the amount of KRW 78,40,00 by fraud, and when driving a vehicle subject to an order to suspend operation, committed an act of denying official documents by presenting the driver's license when the police was controlled, and the Defendant submitted it to the same name in the interrogation protocol and submitted it to the same effect in order to commit the crime. The crime was bad, not agreed with the victim, and the damage was not properly repaid, and the victim was committed. The victim wanted to punish the defendant; the defendant was punished for the alteration of the official document and the crime of accompanying the defendant, or the crime of fraud; there were many other records of criminal punishment; the defendant had no change of circumstances after the sentence of the lower judgment was issued; the defendant's age, circumstances leading to the crime, and the circumstances after the crime, etc. are considered in light of the circumstances favorable to the defendant, and thus, the lower court's punishment is too unfair even if it was considered in light of the aforementioned circumstances.

Therefore, the defendant's above assertion is without merit.

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