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(영문) 의정부지방법원 2016.05.24 2016노794

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, and that the amount of defraudation of the instant case is not larger than 1.20,000 won.

B. However, in full view of not only the defendant has been punished several times for the same crime, but also the fact that the defendant committed the crime of this case again during the repeated crime period for the same crime, did not have been agreed with the victim, did not fully repay the damage, there is no special change in circumstances after the decision of the court below, and other various circumstances that form the conditions for sentencing specified in the argument of this case, such as the defendant's age, the circumstances leading to the crime, and the circumstances after the crime, etc., even if considering the above circumstances favorable to the defendant, the court below's punishment is too unreasonable

Therefore, the defendant's above assertion is without merit.

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