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(영문) 서울북부지방법원 2016.11.21 2016노1755
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (Paragraph 1 of the facts constituting the crime in the original judgment: Imprisonment with prison labor for 4 months and Paragraph 2 of the facts constituting the crime in the original judgment: imprisonment with prison labor for 3 months) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case, his mistake is divided, and the victim J (Article 2-A-A-A-A-A- of the original judgment) does not want punishment against the defendant.

However, the defendant has forged or falsified private documents using another person's name that he/she became aware of upon receipt of the request for number transfer request, and based on the above, he/she has committed fraud.

Defendant has been punished several times for the same kind of crime, and each crime of fraud on December 6, 2015 and on December 12, 2015, constitutes a repeated crime.

The sentence of the lower court against the Defendant was made within the reasonable scope of discretion in view of the records of the instant case and all the sentencing conditions shown in the arguments, including the Defendant’s age, character and conduct, and circumstances after the commission of the crime, and there is no change of circumstances that would otherwise determine the type of punishment with the lower court at the time of the trial, and thus, it is not recognized that the sentence of the lower

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

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