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(영문) 의정부지방법원 2016.01.12 2015노2506
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable in that of the lower court’s punishment (the imprisonment of eight months, the suspension of execution of two years, the community service work hours of 120 hours).

2. Determination

A. It is recognized that the Defendant, at the trial of the party, led to the confession and reflect of the instant crime, and did not have any record of punishment for the same crime of fraud.

B. However, in full view of the following circumstances: (a) the amount of defraudation of this case is KRW 20 million; (b) the Defendant did not agree with the victim until the trial is held; (c) the Defendant did not recover from damage; (d) the Defendant had been punished several times due to drinkingless driving, violent crimes, etc.; and (e) other circumstances, which are conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, criminal background, and circumstances after the crime, are considered in favor of the Defendant, the lower court’s sentence is too unreasonable, even if considering the above circumstances favorable to the Defendant.

(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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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