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(영문) 의정부지방법원 2015.09.18 2015노1965
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the defendant led to confession of the facts constituting the crime of this case and made statements that he reflects his depth in the crime of this case; (b) the victim is also partly responsible for the occurrence of the crime or the expansion of damage; (c) the defendant's health status is not good at grade 6 due to visual disability; and (d) there is no criminal record

However, in light of the content and method of the crime, the degree of damage (of 145 million won), etc., the crime of this case committed by the Defendant is not less than the nature of the crime, and the victim agreement or complete damage recovery has not been made up until now, and the network of damage recovery has been imminent in the future. The court below appears to have sentenced to one year of imprisonment within the scope of the recommended sentence set by the sentencing guidelines, taking full account of the various circumstances of the Defendant, and there is no special change of circumstances that can reduce the sentence of the court below at the time of the trial, and there is no other reason to reduce the sentence of the court below. In full view of other various circumstances that form the conditions for the sentencing of this case, such as the Defendant’s age, character, character, intelligence and environment, motive, means and consequence of the crime of this case, frequency and period of the crime, relationship with the victim, circumstances after the crime, criminal records and family relations, etc., the sentence imposed by the court below is inappropriate and too unfair. Thus, the Defendant’s 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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