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(영문) 부산지방법원 2016.02.04 2015노4158

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. In the judgment of the court below, the following facts are revealed: (a) the defendant recognized the crime of this case against his mistake when he committed the crime of this case; (b) part of the damage was restored; (c) the damage was recovered; (d) there was a family member to support the defendant; (c) the spouse’s health was not good; (d) the defendant committed the crime of this case in light of the circumstances favorable to the defendant; (e) the defendant committed the crime of this case; (e) it was not easy to agree with the victim; (e) it was part of the damage recovery; (e) the defendant was punished as punishment for the same crime of this case before, and even though he was punished as a repeated crime, even if he escaped during the period of repeated crime; (e) it was extremely poor in the circumstances after the crime of this case; and (e) there was no change in the circumstances after the court below committed the crime of this case, including the motive and circumstances after the crime of this case; (e) the defendant’s age after the crime of this case was committed; and (e) the record and circumstances of this case’s punishment were changed.

subsection (b) of this section.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.