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(영문) 대전지방법원 2014.02.06 2013노2952
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment with prison labor for the crime No. 2, and one year and six months of imprisonment for the remaining crimes) declared by the court below is too unreasonable.

2. In light of the following facts: (a) the Defendant’s mistake is against himself/herself; (b) the Defendant agreed with the Victim P and made efforts to recover damage; (c) the Defendant had been punished several times due to the same kind of crime; (d) the Defendant was a majority of the victims due to the instant crime; (e) the victims did not fully recover from the victims even though the amount of damage was caused by the instant crime; and (e) there was no particular normal relationship or change in circumstances that could reduce the above punishment at the trial; and (e) other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the Defendant’s aforementioned argument is too unreasonable. Therefore, the Defendant’s aforementioned assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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