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(영문) 춘천지방법원 강릉지원 2016.04.14 2016노82
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the confession and reflect of the instant crime; (b) the amount of damage is a relatively small amount; (c) the Defendant appears to have committed the instant crime under the extreme economic difficulties; and (d) the Defendant has no record of having been punished for the same kind of crime except for a single fine prior conviction.

However, considering various circumstances, such as the Defendant’s unfavorable circumstances, such as the Defendant’s age, sexual conduct, environment, motive for the instant crime, and circumstances after committing the instant crime, such as destroying lock devices at night, and theft of property, etc., which are inadequate in the method of committing the instant crime, repeated and several times in a short period, the injury was not recovered, and the victims are strongly demanding the punishment of the Defendant, it cannot be said that the sentence imposed by the lower court is too unreasonable, even considering the aforementioned circumstances.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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