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(영문) 의정부지방법원 2017.01.19 2016노3056
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the extent of damage inflicted by the Defendant on each victims is relatively minor.

However, on February 10, 2015, the Defendant was sentenced to one year to imprisonment for a crime of fraud, interference with duties, injury, assault, etc. at the District Court of the Republic of Korea on the grounds that he/she repeatedly committed the same crime, the same type of crime during the period of repeated crimes after the execution of the imprisonment was completed on October 4, 2015, and the nature of the crime is very heavy.

The defendant did not recover from damage or agree with the victims.

Since the defendant had a total of 40 criminal records including the same kind of criminal records and the same criminal records, it is necessary to punish the defendant even in order to achieve the preventive purpose of punishment against the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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