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(영문) 의정부지방법원 2017.07.17 2017노1284

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant may be considered in light of the following: (a) the Defendant led to the confession of the offense and the misunderstanding appears; (b) the rest victims except the victim AE do not want punishment under the agreement with the Defendant; and (c) the victim AE’s damage was reimbursed; and (d) the de facto marriage spouse wants to leave the ship.

However, the Defendant has been punished for the same kind of crime more than seven times including the sentence, and the instant crime was committed during the period of repeated crime due to the same crime, and was already punished by a fine for the same kind of crime during the same repeated crime period, and taking into account the circumstances of the crime, the method and repetition thereof, the circumstances after the crime, the age of the Defendant, and other various sentencing conditions in the records, such as the background of the crime, the punishment of the lower court is too unreasonable.

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.