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(영문) 전주지방법원 2014.01.24 2013노1276

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as a favorable circumstance such as the fact that the defendant recognized all of the crimes of this case and divided in depth, that the defendant does not want the punishment of the defendant in the original trial by agreement with the victim, that the victim wants the defendant's wife, that the defendant's family member, etc. also want the defendant's wife while preventing recidivism, that the defendant's mother and wife should support the defendant's mother and wife, and that the defendant's health is not good.

However, the crime of this case is committed by the defendant who has been punished five times (4 times of suspended sentence, one time of fine) for the same crime, and is punished five times for a repeated crime. In full view of the various sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character, environment, circumstance and means of causing the defendant to commit the crime of this case, the amount of damage, the defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court on April 13, 2010, and was sentenced to ten months for fraud at the Seoul Central District Court on December 29, 2010. On October 13, 2012, the court of the same court sentenced one year of imprisonment with prison labor for fraud, and completed the execution of the sentence on October 13, 2012, and the defendant has been punished on five occasions (4 times of suspended sentence, one time of fine). In addition, considering the various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, there is no reason for the court below's allegation of unfair sentencing.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.