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(영문) 의정부지방법원 2016.12.23 2016노2966
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and took an attitude against the defendant, the repayment of 76 million won out of the amount of damage, and there was no record of punishment for the same crime prior to the instant case, and there was no record of punishment exceeding the fine.

However, in light of the background, content, method, etc. of the instant crime, etc., the liability for the instant crime is not easy, the total amount of damage is not less than 100 million won, the damage was not yet agreed with the victim, and most of the damage was not recovered, and the lower court appears to have determined the punishment in full consideration of the various circumstances of the Defendant. In full view of the following: (a) the Defendant’s age, character and behavior, environment, background, method, method of the crime, circumstances after the crime, criminal record relation, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it is adequate and too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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