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(영문) 대전지방법원 2016.02.05 2015노3211
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The fact that the judgment of the defendant led to the crime of this case and reflects his mistake, and that the amount of fraud is a relatively small amount is favorable to the defendant.

However, the fact that the damage has not been recovered, the victims wanted to punish the defendant, the defendant has been subject to a suspended sentence three times for the same kind of crime, and the fact that the defendant has been subject to a fine several times for the same crime is disadvantageous to the defendant.

In addition to the above circumstances and motive leading up to the crime of this case, the circumstances leading up to the crime of this case, the defendant's age, sexual conduct, family relationship, occupation, etc. and the circumstances leading to the conditions of sentencing as shown in the oral arguments such as records and arguments, there is no change in circumstances to determine different from the original judgment and the punishment, and the scope of sentencing guidelines for the enactment of the sentencing committee of the Supreme Court [the scope of the recommended punishment] the basic area (from June to one year and six months), the basic area (the scope of recommended punishment) of larceny [the scope of recommended punishment] [the basic area of larceny [the scope of recommended punishment] the basic area (from June to one year and six months] of the second type of punishment ( from June to one year and six months) of general property (the scope of punishment punishment) [the final recommended sentencing range for multiple crimes without a special sentencing person]] [the scope of imprisonment with prison labor for not less than six months (the above crimes with no sentencing guidelines set forth, and the violation of credit finance business specializing in setting the sentencing guidelines do not seem to apply the above unfair sentencing criteria for each of defendant 37.

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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