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(영문) 의정부지방법원 2017.02.14 2016노3728
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the instant crime, and that the amount of fraud is relatively large.

B. However, in full view of the following circumstances: (a) the Defendant had the same history of fraud more than 23 times; (b) in particular, the Defendant committed the instant crime at the same time during the repeated crime period; (c) did not have been agreed with the victim; (d) did not repay the damage; and (e) there was no special change in circumstances after the pronouncement of the lower judgment; and (b) there was no other change in circumstances after the pronouncement of the lower judgment; and (c) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, circumstances leading to the crime

Therefore, the defendant's above 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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