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(영문) 광주지방법원 2015.04.02 2015노431

사기

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant recognizes his mistake and reflects it, and that each fraud is not a large amount, etc. are favorable sentencing factors.

However, when comprehensively taking account of the fact that there are many victims of the instant crime, failure to recover damage, the fact that the Defendant had a same criminal record, and the fact that the instant crime was committed during the period of repeated crime, etc., the elements of sentencing are disadvantageous to the Defendant. The fact that there is no change in circumstances to change the circumstances that would have different from the lower court’s judgment, the circumstances after the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission [the scope of recommended sentences of types 1 (less than KRW 100,00: Imprisonment with prison labor for a year to 3 years:9 months] by comprehensively taking account of the following: (a) the lower court’s punishment

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.