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(영문) 의정부지방법원 2016.03.31 2016노371
사기
Text

The defendant's appeal is dismissed.

Reasons

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

Judgment

It is recognized that the defendant has no record of punishment heavier than the fine.

However, the amount of damage in the instant case was not significant and most of them was used by the Defendant, but did not make efforts to recover damage.

In the past, the defendant has been punished two times as a crime of fraud.

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.

Therefore, 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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