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(영문) 전주지방법원 2016.04.08 2016노46
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case and reflected, and that the defendant does not again commit the same crime.

It is hard to say that it is favorable to the defendant.

On the other hand, the crime of this case is committed by a defendant who repeatedly acquired money against a victim, such as a taxi driver, and it is not good to the quality of the crime in light of the method and frequency of the crime, etc., and the defendant has already been subject to criminal punishment several times of the same crime. The crime of this case was committed on January 25, 2013 by the Seoul Western District Court sentenced the defendant to two years of imprisonment due to fraud, etc. on January 25, 2015, and was committed repeatedly during the repeated period from the time when the execution was completed to January 12, 2015, and it was committed repeatedly during the repeated period from the time when three months have passed since the execution was completed to the trial, and it was difficult to expect damage recovery in the future.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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