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(영문) 의정부지방법원 2015.06.05 2015노712

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. The following facts are acknowledged: (a) the Defendant made a statement to the effect that he confessions the facts constituting the crime of this case and reflects the Defendant’s mistake in depth; (b) the Defendant’s family members and branch members want to take the Defendant’s wife; (c) there is a dependent; and (d) there is no penalty power, etc., in favor of the Defendant.

However, in light of the details and degree of damage, etc., the crime of fraud of this case committed by the Defendant is not less than the nature of the crime in light of the circumstance and contents thereof, the victim did not reach an agreement or complete recovery from damage up to the present day, and the lower court’s assertion is without merit, in full consideration of the various circumstances of the Defendant, that there is no special change in circumstances that may change the sentence of the lower court, and that there is no special circumstance to change the Defendant’s age, character, conduct, intelligence and environment, motive and background of the crime of this case, relationship with the victim, circumstance after the crime, criminal record, family relation, health condition, etc., the sentence imposed by the lower court is deemed to be unfair because it is not deemed that the Defendant’s punishment imposed by the lower court is inappropriate and excessive.

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.