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(영문) 광주지방법원 2021.03.18 2021노56

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the amount of 500,000 won punishment, 1 year imprisonment) is too unreasonable.

2. The circumstances include the following: (a) the Defendant made a confession of all the instant crimes; (b) the Defendant’s mother appears to have led to the Defendant’s criminal acts because of the impossibility of living due to the lack of family’s economic conditions due to navigational cancer treatment; (c) however, there are many records of criminal punishment for the Defendant; (d) certain of the instant crimes is the criminal committed during the period of repeated crime due to the same kind of crime; (b) the victim is a majority and the amount of damage exceeds KRW 4 million; (c) the victims were not recovered from damage; (d) the victims did not reach an agreement; and (e) the victims did not have reached an agreement; and (e) the risk of repeating the instant crime is high due to the following: compliance consciousness and ethics awareness; (e) labor; and (e) the awareness of repeated criminal records, as well as labor.

In addition, when considering the sentencing conditions of the defendant, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., in light of the sentencing conditions in the records of this case, the sentence of the court below against the defendant is judged to be appropriate, and it cannot be deemed that the defendant is too heavy or unreasonable because it is too heavy. Thus, the defendant's assertion is without merit.

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