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(영문) 수원지방법원 2013.05.23 2013노473

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below is too unreasonable in light of the fact that the defendant is able to repent of wrong facts and that it is an old age.

2. The judgment of the Defendant, who is separate from the young husband, lost his father, and was living alone, and the fact that the Defendant’s health is too old to over 70 years old should be considered in light of the circumstances favorable to the Defendant.

However, at least eight times the defendant was sentenced to punishment for the same crime, and each crime of this case was committed during the period of repeated crime after having been sentenced to punishment for a crime under the same veterinary act. Each crime of this case was committed during the period of repeated crime. Each crime of this case was committed by deceiving victims by deceiving them as a dead horse, and thus, the quality of the crime is not strue, and the victims have increased mental suffering by hiding their whereabouts after the crime, and compensation for damage has not been made up until now, and other various circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., are considered to be heavy.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition by the assent of all participating Justices. In accordance with Article 25(1) of the Rules on Criminal Procedure, “each” is added to each of the front parts of “Article 347(1) of the Criminal Act” and “Article 35 of the Criminal