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(영문) 대전지방법원 2015.05.29 2014노2452
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won of a fine) is too unlimited and unfair.

2. Determination on the grounds for appeal

A. There are extenuating circumstances, such as the following: (a) the Defendant was neither sentenced to imprisonment nor sentenced to a sentence; (b) the amount of damage was not significant; and (c) the registration of a mentally disabled person was made from May 3, 2012 to May 19, 2014 as a mentally disabled person; and (d) the fact that the Defendant was diagnosed by depression, spine certificate, etc. and was not in a health condition.

B. On the other hand, in light of the fact that the previous and the previous departments are several times, and the crime was committed against the victims of the 70th old age and did not take any measures to recover the damage, the Defendant’s responsibility is not weak.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, motive, circumstance and consequence of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.

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