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(영문) 부산지방법원 2013.10.17 2013노2699

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

As to the sentencing of the court below (six months of imprisonment), the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

In light of the circumstances that are favorable to the defendant, such as the fact that the defendant is making a confession of all the crimes of this case, that the defendant agreed with the victim G and recovered part of damage to the victim D, and that the defendant has already been punished for the same kind of crime over 16 times prior to the crime of this case (including 5 times of actual punishment). In particular, the defendant committed the crime of this case during the period of repeated crimes, which is only 2 months after having been sentenced to 6 months of imprisonment with prison labor for the same crime, and the defendant was arrested in the act of this case and was released after investigation, and continuously repeated the same law. Considering the circumstances unfavorable to the defendant, such as the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, etc., the sentencing of the court below seems to be appropriate, and it cannot be deemed that it is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.