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(영문) 의정부지방법원 2018.07.24 2018노460

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment, two years of suspended execution, two years of protection observation) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant recognized the instant crime and is against the law.

In 2003, the defendant was sentenced to a fine of KRW 1 million for a crime of Lee Jong-chul, and there was no other criminal record, and only agreed with the victim.

This is the circumstances favorable to the defendant.

However, even if the amount of damage caused by the instant crime was 46,866,00 won, the name was not recovered properly.

If there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court’s trial (the Defendant paid an additional amount of three million won in the first instance court).

However, this is the amount less than 10% out of the above amount of damage, which is the circumstances unfavorable to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.

3. As such, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 200Da36428, Apr. 1, 200). However, the “Account of the National Bank in the name of the Defendant” as stated in the Defendant’s List of Crimes No. 11 and the “Account of the National Bank in the name of the Defendant” is obvious that it is a clerical error in the “Account