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(영문) 대전지방법원 2014.04.30 2014노333
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., imprisonment with prison labor for up to eight months) is too unreasonable.

2. Determination is recognized as favorable circumstances, such as the fact that the Defendant made a confession of all the crimes of this case and reflects his mistake in depth, that the defrauded of this case is not relatively significant in total of 621,00 won, that is, the quasi-compact of punishment through confinement life exceeding five months, and that it seems that the Defendant has an opportunity to satise and satisfy, and that there is a mother to support the Defendant.

However, in full view of the following circumstances: (a) the Defendant had a past record of the same criminal punishment more than 20 times for the Defendant; (b) the Defendant was sentenced to six months of imprisonment for a crime of fraud on June 15, 2012; and (c) the Defendant committed each of the instant crimes within the repeated period without being aware of the completion of the execution of the sentence on December 7, 2012; and (c) there was no agreement with the victim or no recovery from damage until the trial; and (d) other factors of sentencing, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is deemed reasonable and too unreasonable. 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 the defendant's appeal is without merit. It is so decided as per Disposition.

(However, Article 35 of the Criminal Act is clear that “1. Aggravation of repeated crime, Article 35 of the Criminal Act” is an error of “Article 35 of the Criminal Act, Aggravation of repeated crime,” and such error is corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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