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(영문) 의정부지방법원 2015.03.24 2014노2943
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination

A. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession and reflect of the instant crime as the primary offender; (b) paid the amount of KRW 20 million to the victim; and (c) the Defendant’s child jointly and severally guaranteed the Defendant’s obligation.

B. However, in full view of all the circumstances surrounding the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crime, and circumstances after the instant crime, the lower court’s sentence which sentenced the lowest sentence of the recommended sentence set in the sentencing guidelines is not too heavy.

C. 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 ground that it is without merit. It is so decided as per Disposition.

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