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(영문) 부산지방법원 2013.10.10 2013노2343
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

In light of the circumstances that are favorable to the defendant, such as the confession of all the crimes of this case and the fact that the defendant's health is not good due to disease, such as urology and alcohol liveration, etc., the amount of the fraud of this case (53 million won) is not significant. In addition, the defendant's damage recovery or agreement was not reached from the date of the crime to the trial of the defendant for a long time, and the victim was attempted to punish the defendant, despite the fact that the defendant had the power of criminal punishment over 15 times, including the criminal records of the same kind of crime, the defendant committed another crime of this case, despite the fact that the defendant had the motive and circumstance of the crime of this case, the circumstances after the crime, the defendant's age, character and behavior, and environment, etc., and other various circumstances that are the conditions of sentencing specified in the records and arguments of this case, it cannot be said that the sentencing of the court below is excessive.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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