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(영문) 부산지방법원 2016.12.01 2016노974
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of a fine of one million won imposed by the original court on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are acknowledged, such as the fact that the Defendant took an attitude to recognize and reflect the mistake, that the instant crime was committed once, and that the defrauded amount was merely 200,000 won. However, even though the Defendant had been punished more than 10 times by imprisonment with prison labor for not less than 2010 as a result of an integrative crime, it is necessary to sentence a more severe punishment to the Defendant, considering the fact that the Defendant committed the instant crime, even though he had the past record of being punished more than 10 times, such as imprisonment with prison labor for not more than 2010, and that the amount acquired by the Defendant for

Considering the above circumstances and the overall circumstances such as the Defendant’s age, character and conduct, environment, criminal records, motive and circumstance, etc., the sentence sentenced by the court below is determined to be within the scope of the proper sentencing discretion.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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