beta
(영문) 의정부지방법원 2013.09.26 2013노1498

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, one hundred and sixty hours of community service, and one hundred and sixty hours of probation) is too unreasonable; and

2. Although there are favorable circumstances such as the fact that the defendant agreed smoothly with the victim, that the defendant's health is not good, that the defendant confessions all of the crimes and reflects his wrong, it cannot be deemed that the sentence imposed by the court below against the defendant is too unreasonable in light of the overall sentencing conditions indicated in the records of this case, such as the fact that the defendant actively induceds the victim due to the false statement that he uses it for inducing foreign capital, that the crime is not good, that the defendant has the same criminal records, that there is a considerable amount of damage, that there is a little amount of damage, and that the sentence imposed by the court below does not seem to go beyond the equity of punishment compared to those of other similar crimes of the same kind, and that there are other unfavorable circumstances such as the circumstances leading to the crime, age, character and behavior, family environment, and circumstances after the crime.

3. 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.