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(영문) 수원지방법원 2014.11.06 2014노5234
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 (six months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized the crime of this case and divided it, and that the defendant repaid the amount of damage to the Gcafeteria operator among the victims.

However, as stated in the judgment of the court below, the defendant has more than 10 years of criminal punishment for fraud by an integrative type, and the defendant has been sentenced to a suspended sentence due to an integrative type of fraud, and is sentenced to a fine once again during the suspended execution period on the condition of probation. In addition, it is inevitable to repeatedly reduce the punishment for fraud by the four integrative type of frauds within the short period of time.

Considering the aforementioned circumstances, the lower court appears to have determined a sentence in full view of the fact that there was no change in circumstances that may change the sentence following the pronouncement of the lower judgment, and as well as various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be deemed that the lower court’s punishment is unfairly heavy.

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.

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