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(영문) 대전지방법원 2016.07.20 2016노1299
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of 3 years and 6 months) is too unreasonable.

2. It is recognized that the circumstances such as the fact that the Defendant appears to have been aware of the actual profit acquired by the instant crime, the victim P and Q appears to have been refunded part of the damage amount through X, the Defendant did not have been punished by the same type of crime or by the suspended execution or above, and the Defendant was fully waiting for committing the crime in the appellate trial.

However, there are circumstances such as the fact that multiple victims have occurred due to the instant crime, the total amount of damages is a very large amount, the defendant committed repeatedly several times with a similar method during a short period of time, the crime is very poor, such as forging private documents under the Criminal Code, the fact that there is no effort to recover damage, such as leaving the Republic of Korea for about eight years after the instant crime, and the fact that there is no agreement with the victims.

In addition, the defendant's failure to undergo an entry inspection can not be deemed to be somewhat less responsible for the lawful performance of immigration management duties.

According to these circumstances, it is inevitable to impose strict punishment on the defendant.

Comprehensively taking account of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

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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