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(영문) 의정부지방법원 2014.01.16 2013노2035
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the 1st sentence: imprisonment with prison labor for 2 months, the suspension of execution for 1 year, and the 2nd sentence: fine of 4 million won) is too unreasonable;

2. There are favorable circumstances such as the fact that the Defendant made repayment of the amount of damage and that the Defendant agreed with the victim, that the Defendant received the money under the pretext of advance payment from the victim, that there is a reason to take certain extent into account the circumstances leading up to the crime, that the Defendant led to the confession of all the crimes, and that the Defendant reflects his mistake.

However, in light of all the sentencing conditions stated in the records of this case, such as the defendant's age, character and behavior, family environment, and circumstances after the crime, it cannot be deemed that the sentence of the court below against the defendant is too unreasonable in light of the following: (a) the defendant committed each of the crimes of this case while being tried for a crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) which is a final and conclusive conviction; and (b) the sentence imposed by the court below was compared to that of another same criminal offender.

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

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