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(영문) 수원지방법원 2015.01.29 2014노7277
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal withdrawn the allegation of mental disorder on the date of the first instance trial.

The punishment of the court below (4 months of imprisonment with prison labor for the crime No. 1 in the original judgment and 2 months of imprisonment with prison labor for each crime of No. 2 in the original judgment) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the defendant recognized the crime and committed a mistake, the health of the defendant is not good, the defendant is dependent on the defendant, the crime of fraud, which became final and conclusive on Nov. 4, 201, and the crime of fraud, which became final and conclusive on Apr. 5, 2011, and the crime of fraud, which became final and conclusive on Apr. 5, 2013, and the crime of fraud, which is set forth in Article 2 of the judgment of the court below, and the fact that consideration should be given to the case where each of the crimes in this case is to be judged simultaneously, each of the crimes in this case is committed during the period of repeated crime due to the same kind of crime. Meanwhile, each of the crimes in this case was committed during the period of repeated crime, in light of the patterns of deception, and there is no circumstance in which the defendant made efforts for the recovery of damage, it cannot be said that the punishment imposed by the court below is harsh.

3. In conclusion, 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.

(However, the judgment of the court below is clearly stated that the "1. 28 of the same year" in Part 17 of the judgment of the court below is a clerical error in the letter of "2. 28 of the same year", and thus, it is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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