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(영문) 청주지방법원 2015.02.12 2014노1267
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the defendant has a significant number of records of punishment for the same kind of crime, and even during the period of repeated crime, committed the crime of this case, the amount of damage is about 16 million won, the damage was not recovered at all, and the victim did not agree with the victims, and the defendant has forged and used private documents to prevent the crime of fraud.

On the other hand, the fact that the defendant's mistake is recognized and reflected, and most of the fraud crimes of this case committed are favorable to the defendant, such as the fact that the defendant escaped without paying the medical expenses after receiving a therapy, and there are some circumstances that may be taken into account in the motive different from the general fraud crime, and that part of the crime was led to the investigation conducted by the investigative agency and led to the confession first of all.

In full view of such circumstances and other conditions of sentencing as the Defendant’s age, character and conduct, family relationship, and circumstances after the commission of the crime, etc., the lower court’s punishment is deemed to be reasonable and deemed to be unreasonable because it is too heavy or unreasonable. Therefore, each of the grounds for unfair sentencing by the Defendant and the prosecutor are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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