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(영문) 의정부지방법원 2016.07.05 2016노1180
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 (nine months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession of and reflect against the instant crime, and that the instant crime and the instant crime are concurrent crimes of a group after Article 37 of the Criminal Act.

B. However, in full view of various circumstances, such as the Defendant’s age, background, and circumstance after the crime, the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant, as seen earlier, even if the lower court’s punishment is too unreasonable, in light of the following: (a) the nature of the crime is not good; (b) the amount of damage exceeds 100 million won in total; and (c) the damage was not recovered from the damage; and (d) there was no special change in circumstances after the sentence of the lower judgment; and (b) other various circumstances that form the conditions

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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