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(영문) 전주지방법원 2014.06.27 2014노440

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (6 months of imprisonment with prison labor for each of the crimes set forth in paragraphs 1 and 2 above) is too unreasonable because of the summary of the grounds for appeal.

2. The judgment of the court below is against the defendant's recognition of all of the crimes of this case. The crime of fraud, crime of establishing a Establishment of Homeland Reserve Forces is against the first head of the judgment and the relation between special larceny in the first head of the judgment and concurrent crimes in the latter part of Article 37 of the Criminal Act. In the case of special larceny and nighttime intrusion larceny in the judgment, the degree of damage is relatively minor and the damaged goods are considered as a living type crime in light of the damaged goods, or the defendant committed the same larceny in light of the circumstances favorable to the defendant, or the fact that the defendant committed the same crime, even though he did not agree with the victims and did not make any effort to recover from damage, taking into account all the circumstances such as the sentencing conditions, such as the defendant's age, character and behavior, living environment, family relation, motive, means and result of the crime, etc., the sentence of the court below is too unreasonable.

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