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(영문) 부산지방법원 2013.08.13 2013노2119
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment is a favorable condition for the following reasons: (a) when the defendant was living in a sincere social life without any particular criminal record and without any other criminal record; (b) when the wife and the post of the defendant gets on board and died in the workplace due to a traffic accident; and (c) when the defendant died in a part of the mouths of the fright and the frightness of the fright and the frightness of the frightness of the frightness, etc., he was under influence of alcohol; (c) the defendant's mother was sentenced to imprisonment with prison labor for not more than six months and was accommodated in the prison due to a separate crime of fraud; and (d) the defendant was suffering from severe severe severe pain as a family death, such as death on November 2012, which was being committed by the defendant; and (d) the defendant has a three-year parent who must support the defendant

However, on October 8, 2012, the Defendant had been already punished for 23 times for the same crime, and was sentenced to imprisonment for six months for the same crime in Busan District Court's Dong Branch branch branch, Busan District Court on February 17, 2013, and was arrested as a flagrant offender upon the court's ruling to dismiss the warrant of detention on February 22, 2013, and was released upon the court's ruling to dismiss the warrant of detention on February 22, 2013, it appears that the risk of repeating the crime of this case is very high in light of its character, character and history, such as committing the crime of "2013 Godan1264" on the following day, and the Defendant did not reach damage to or reach an agreement on the victims until the trial, and taking into account the motive and circumstances of each of the crimes in this case, the Defendant's age and age, and other conditions for sentencing as indicated in this case, it is reasonable to see that the court below sentencing two punishment is reasonable.

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.

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