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(영문) 서울서부지방법원 2015.01.29 2014노1562
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is unreasonable.

2. Although the Defendant had had been punished several times, including the same kind of obstruction of performance of official duties, violence, etc., the Defendant repeated crimes such as obstruction of performance of official duties, obstruction of duties, damage to public goods, etc.

In addition, the instant fraud committed not only constitutes a repeated crime but also a planned and systematic crime, but also committed a crime and criminal intent, and did not reach an agreement or recover from damage, even though the amount of damage reaches KRW 100 million.

In addition, the punishment of the court below is determined by taking into account the favorable circumstances such as the fact that the defendant led to most crimes and repents, and that there is no change in the situation in the trial.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, and the environment, the sentence of the court below cannot be deemed unfair.

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

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