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(영문) 의정부지방법원 2016.10.13 2016노1904
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, such as the confession of the criminal act of this case and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which has no criminal record of the same kind, and the crime of this case.

B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime is a considerable amount of KRW 5 million; (b) the victim did not agree with the victim; and (c) did not recover from damage; and (d) the Defendant’s age, circumstances leading to the instant crime; and (b) other circumstances that are conditions for sentencing specified in the instant pleadings, such as the circumstances after the instant crime, even if considering the favorable circumstances of the Defendant, the lower court’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 since it is without merit. It is so decided as per Disposition.

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