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(영문) 전주지방법원 2014.01.24 2013노1303
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (the penalty of one year, 7,000,000 won) is too unreasonable in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized in depth with the recognition of all of the crimes of this case, and favorable circumstances such as the fact that the defendant partially repaid the victim F of the damage at the original instance, and the fact that the defendant should support his children are the most favorable.

However, even after the Defendant was sentenced to seven months of imprisonment for fraud at the Jeonju District Court on December 8, 2010 and completed the execution of the sentence on September 23, 201, the Defendant committed the same kind of crime within the repeated crime period. On the other hand, the Defendant had been punished for the same crime four times (two times of actual punishment, one time of milk gathering, one time of fine), and the Defendant did not take any measures to recover the remainder of damage up to the trial. In full view of the various sentencing conditions of Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, background leading to the Defendant’s instant crime, means and consequence, and the situation before and after the instant crime, etc., the Defendant’s allegation of unfair sentencing is not recognized as being too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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