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(영문) 의정부지방법원 2015.12.18 2015노2820
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below imposed on the defendant (one year and six months of imprisonment) is undue.

2. The judgment is based on the following facts: (a) the Defendant made a statement that the Defendant led to confession of the crime of this case and violates his depth of his mistake; (b) the victim appears to be partly responsible for the occurrence of the crime or the expansion of damage; (c) the Defendant’s family members want to take the Defendant’s wife; and (d) the Defendant’s long-term detention may involve excessive difficulties for his dependants, which are favorable to the Defendant.

However, in light of the content and method of the crime and the degree of damage (amount of damage KRW 12,958,00), etc., the crime of this case committed by the defendant is not less than the nature of the crime, the victim agreement or complete damage recovery has not yet been made up until now, the defendant has been punished twice as a crime, and the defendant has committed the crime of this case without being aware of himself during the repeated crime due to fraud (in particular, the crime of this case in the course of being prosecuted for a criminal trial after being charged for a crime in fraud). The court below seems to have sentenced one and half years to be sentenced to imprisonment with prison labor, taking into account the various circumstances of the defendant, and there is no special change in circumstances that can reduce the sentence of the court below to the first instance court, balance with the general sentencing in the same or similar case, and other factors, such as the defendant's age, character, character and environment, intelligence and environment, the motive, means and consequence of the crime of this case, the degree of damage, frequency of the crime, the criminal records and the criminal relationship with the victim, etc.

3. Conclusion.

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