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(영문) 전주지방법원 2014.02.14 2014노40

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and two 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 favorable circumstances such as the fact that the defendant recognized all of the crimes of this case and repented in depth, that the victim does not want punishment, and that the defendant should support his family by mutual consent with the victims.

However, the crime of this case was committed by the defendant by deceiving 30 million won in total from the victims, by exercising a written confirmation of hospitalization, and thus avoiding the investigation is not good, and the defendant has been punished six times as the same crime (four times as actual punishment, and two times as fine). In particular, on June 3, 2011, after being sentenced to imprisonment with prison labor for ten months and six months as of June 11, 201, the crime of this case was repeatedly committed during the repeated offense period, and other factors of sentencing as defined in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's assertion of unfair sentencing is not reasonable.

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