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(영문) 의정부지방법원 2016.08.26 2016노1638

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (seven months of imprisonment) is too unreasonable.

2. The fact that the defendant was in a trial for the first time, and the defendant showed an attitude to reflect the crime of this case. The fact that the first head of the crime of this case as stated in the judgment of the court below should take into account the equity with the case where the judgment has become final and conclusive, and that the defendant has no record of punishment for the same crime

However, in light of the background, content, method, etc. of the instant crime, etc., the crime was not good, the total amount of damage was 2130 million won, and the damage was not fully recovered, and the court below did not agree with the victim. Considering the unfavorable circumstances, such as the fact that there was no special change in circumstances that could reduce the punishment of the defendant, the court below appears to have determined the punishment in full view of the defendant’s circumstances, such as the defendant’s age, sex, sex, environment, background, method of the crime, circumstances after the crime, and criminal record, etc., the sentence imposed by the court below cannot be deemed to be unfair because it is too inappropriate and unfair.

Therefore, the defendant's assertion is without merit.

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