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(영문) 의정부지방법원 2016.07.21 2016노1155
사기
Text

The defendant's appeal is dismissed.

Reasons

The sentence (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

The nature of the crime is heavy in light of the method of deception in this case's planned, active, and the degree of financial gains the defendant acquired.

Until the trial of the party, the defendant was unable to reach an agreement with the victim or to recover damage, and has been punished several times for property crimes in the past.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, 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.

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