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(영문) 부산지방법원 2014.04.18 2013노3608
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of 500,000 won imposed by the court below on the defendant.

2. It is recognized that the circumstances such as the fact that the Defendant recognized the instant crime, thereby against his mistake, support for the fluorial conspiracy, economic difficulty, the instant crime could have been tried together with the final and conclusive judgment, and the case is relatively minor.

However, the Defendant has been punished several times, including the same crime, and the Defendant committed the instant crime at the time of imprisonment with prison labor for a prison term of eight months, and one month after having been sentenced to imprisonment with prison labor for each of the same crimes and completed the execution of detention in the workhouse. The lower court, taking into account the aforementioned circumstances favorable to the Defendant, imposed a fine of KRW 50,000,00 which has been mitigated than the summary order, considering the fact that the damage has not been restored to the trial, and other circumstances, which form the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, family relationship, occupation, circumstance of the instant crime, and circumstances after the crime, cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

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

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