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(영문) 대전지방법원 2017.01.25 2016노1930
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment) by the lower court is too heavy or unhued so as to be unreasonable;

2. It is recognized that there are favorable circumstances such as the Defendant’s agreement with some victims, the conciliation of the lawsuit between some victims, and the commencement of all of the instant crimes.

However, according to the following circumstances: (a) the Defendant committed a crime by forging a private document to commit fraud; (b) the number of crimes was extremely bad; (c) the amount of damage was not much; (d) the victim was committed against many victims without agreement with some victims; and (c) the victim was willing to repeatedly punish the Defendant; (d) there is doubt as to whether the Defendant denied his/her criminal intent until the judgment of the court below was rendered; and (e) the Defendant committed a crime of this case even though there was a history of punishment several times due to frauds by the same and the Defendant committed the crime of this case, it is reasonable to place the Defendant with severe punishment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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