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(영문) 의정부지방법원 2016.04.26 2016노518

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 (five months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant made confessions of all of the crimes of this case and reflects against each of the crimes of this case, fraud, etc. for which the judgment of the court below became final and conclusive, and each of the crimes of this case should consider equity with the case where each of the crimes of this case is concurrent crimes after Article 37 of the Criminal Act, the victims do not want the punishment of the Defendant, there is a family member to support the Defendant, and the wife and the person of the Defendant want to support the Defendant.

B. However, in full view of not only the Defendant had been punished several times for the same crime, but also the fact that the Defendant committed each of the instant crimes again during the period of repeated crime for the same crime, many victims are the victims, and the amount of damage is a large amount of less than KRW 100 million in total, and other circumstances that are the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, circumstances leading to the crime, and circumstances after the crime, even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’s punishment is too unreasonable.

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.

참조조문