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(영문) 의정부지방법원 2016.04.26 2016노660

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects his gender, and that there is no criminal record for the same kind of crime.

B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime is at least KRW 45 million; (b) the victim did not agree with the victim; and (c) did not recover damage; and (d) there were no special changes in circumstances after the decision of the lower court was rendered; and (b) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, details of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances favorable to the Defendant, the lower court’s sentence

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.