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(영문) 전주지방법원 2015.02.06 2014노1216
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 3,00,000) is too unreasonable.

2. The judgment of the court below seems to have judged that the defendant made a confession of the crime of this case against his mistake, the victim submitted a written withdrawal of complaint to the defendant at the court below, the defendant has no record of punishment for the same kind of crime, and the defendant's personal benefits acquired by the crime of this case are not significant. The accomplice B, who is an accomplice, is recognized as not having been designated due to his unknown whereabouts, but it seems that the court below has sentenced to a fine of KRW 3,00,00 by reducing the amount of fine as provided in the summary order in consideration of the above circumstances, and considering other circumstances, such as the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime of this case, the punishment imposed by the court below is too unreasonable.

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

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