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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.06.10 2016노65
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won penalty) imposed by the lower court on the Defendant is excessively unreasonable.

2. We examine the reasoning of appeal. The following facts are recognized as normal circumstances favorable to the Defendant: (a) the Defendant’s perception of all the criminal facts of this case reflects his mistake; (b) the amount of damage is not so significant; and (c) the judgment at the same time with the final and conclusive judgment at the time of fraud.

However, in light of the contents and methods of each of the crimes committed by the Defendant, each of the crimes committed by the Defendant is not less than the nature of the crime, the victims did not reach an agreement or complete recovery from damage up to the present day, the records of having been punished several times due to the same kind of crime, etc., the lower court appears to have been sentenced to a fine in full consideration of the various circumstances of the Defendant, and there is no special change in circumstances that could reduce the sentence of the lower court in the first instance trial, the balance of general punishment in the same and similar cases, and other various circumstances that form the conditions for the sentencing of the instant case, including the Defendant’s age, sex, conduct, intelligence and environment, relationship with the victim, method and consequence, frequency of the crime, recidivism, circumstances after the crime, family relations, health conditions, etc., the Defendant’s assertion is not justified.

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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