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(영문) 청주지방법원 2013.06.28 2013노266
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. As to the grounds for appeal, the following facts are favorable to the Defendant: (a) the Defendant committed each of the instant offenses, and the Defendant’s statement that he/she does not want the Defendant’s punishment if he/she was investigated by the investigative agency and returned the damaged goods; (b) the record of being hospitalized due to alcohol addiction and the record of being hospitalized for treatment is deemed not good; and (c) the remainder, excluding cash, out of the damaged goods, was temporarily returned to the victims; and (d) the victim E stated

However, the defendant committed a crime repeatedly, such as theft of victims' articles and stolen body cards, and repeatedly purchased objects by using the same kind of crime, and there has been three times the history of punishment for the same crime, and there have been several times the history of sentence sentenced due to this crime, and the victim H and K wanting punishment for the defendant because they failed to recover from damage except for the temporary return of damaged objects.

Therefore, in light of the aforementioned circumstances, considering various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s imprisonment (eight months of imprisonment) cannot be determined to be too unreasonable.

Therefore, the defendant's assertion is not accepted.

2. In conclusion, 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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