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(영문) 의정부지방법원 2016.12.13 2016노3024

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession and reflect of the instant crime, and the crime of this case, which became final and conclusive in the judgment of the court below, is in a concurrent crime under the latter part of Article 37 of the Criminal Act.

B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime reaches KRW 200 million; (b) did not agree with the victim; and (c) did not recover from damage; and and (d) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, circumstances leading to the commission of the crime; and (b) the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable even if considering the favorable

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 since it is without merit. It is so decided as per Disposition.