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(영문) 의정부지방법원 2015.04.14 2015노415
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects his depth, and there is no record of punishment for the same kind of crime.

B. However, in full view of the following factors: (a) the amount of fraud caused by the instant crime is not substantial; (b) the victim did not recover damage; (c) the Defendant did not agree with the victim; and (d) the Defendant committed the instant crime without being involved in the period of probation; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (d) the circumstances before and after the instant crime, etc., even if the judgment of the court below becomes final and conclusive, the sentence of the court below is too unreasonable, even if there are circumstances where the previous suspended sentence is invalidated.

C. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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