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(영문) 의정부지방법원 2016.03.30 2016노195
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime again despite the history of criminal punishment exceeding 10 times due to the crime of fraud on January 4, 2013 (including only once a repeated crime and twice a suspended sentence) in which he/she was sentenced to punishment more than 10 times due to the same kind of crime or the crime of property damage (including one actual punishment and two times a suspended sentence), and the Defendant committed the instant crime (including the history of being punished or sentenced to non-prosecution disposition after being sentenced to a non-prosecution disposition during the period of the said repeated crime), other factors, laws and results of the crime, the circumstances after the crime, the Defendant’s age, environment, occupation, family relations, etc., relatively insignificant, but the victim’s punishment scope and the amount of punishment under the sentencing guidelines of the Supreme Court [the scope of punishment for the Defendant], even if he/she was sentenced to an aggravated punishment for the victim [the scope of punishment for the Defendant who was subject to a reduced or exempted special punishment for less than 10 million won]

3. According to the 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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