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(영문) 의정부지방법원 2016.05.12 2016노599
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that there is a family member to be supported by the defendant, and that it is necessary to consider equity with the case where the defendant received the judgment at the same time as the crime recorded in the record of the crime in the judgment of the court below, which is related to a single concurrent crime after Article 37 of the Criminal Act concerning the crime in the instant case.

However, the defendant committed the crime of this case during the period of repeated crime due to the same criminal records as the judgment of the court below, and there are the same kind of meetings and different criminal records in addition to the previous records of the judgment of the court below.

Although the amount acquired by the defendant has not been much, it is not yet agreed with the victim even though about four years have passed since the time of the crime, and there is no way to make efforts to recover the damage.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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