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(영문) 부산지방법원 2014.12.04 2014노3453
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of the instant crime and appears to repent of his mistake; (b) the amount of damage is relatively minor; and (c) the equity between the first head of the instant crime and the case of the judgment at the time of the original judgment ought to be taken into account

However, in full view of the following factors: (a) the Defendant has been punished for the same kind of crime 19 times; (b) in particular, the Defendant committed the instant crime again during the repeated crime period; (c) the lower court sentenced to a punishment much lower than the minimum sentence among the recommended sentences (from 1 to 3 years; hereinafter the same shall apply) in accordance with the sentencing guidelines, taking into account the favorable circumstances for the Defendant; (d) the victims have not reached an agreement or recovered from damage up to the trial; (e) the balance of sentencing with the same and similar incidents; and (e) the Defendant’s age, character and conduct, motive for the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. 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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