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(영문) 춘천지방법원 강릉지원 2015.01.13 2014노542
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The circumstances are as follows: (a) the fact that the Defendant recognized the mistake of the Defendant; (b) there are no criminal records above the sentence; and (c) the fact that the Defendant was hospitalized due to gambling addiction and depression.

However, the fact that the defendant has been punished several times for the same crime, the victim is a person with a hearing disability due to the words of the pre-divated wife of the defendant's divorced, the defendant appears to have committed the crime of this case by visiting the victim with some knowledge of the situation of the victim, the fact that the money acquired from the crime was scambling with gambling fund, and the fact that the damage has not been recovered is disadvantageous to the defendant.

Considering the above various circumstances, comprehensively taking into account the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable.

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

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