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(영문) 의정부지방법원 2017.04.14 2016노3085
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is so unreasonable that the sentence imposed by the court below (one year and four months of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

2. The judgment of the defendant shows his attitude to recognize and reflect the crime of this case.

In the court below, the defendant agreed to pay 140 million won out of 170 million won to the victim and prepare a notarized document on the remaining amount.

The defendant is the most supported by two children.

However, on July 28, 2006, the defendant had a record of having been punished six times for the same crime, including the record of being sentenced to imprisonment for one year and ten months due to fraud, etc., and has been punished several times.

The crime of this case is not suitable in light of the content and method of the crime, the amount of fraud (total of KRW 170 million) and so on.

The lower court appears to have sentenced the Defendant to the punishment in consideration of the circumstances favorable to the Defendant as seen earlier, and there is no change in special circumstances that could be considered in sentencing after the sentence of the lower judgment

In light of the above circumstances and other circumstances, the sentence imposed by the court below is too unreasonable due to the fact that the sentence imposed by the defendant is too unreasonable, in light of the following conditions, such as the defendant's age, sexual conduct, environment, and circumstances after the crime.

Therefore, we cannot accept the defendant's above assertion.

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

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