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(영문) 부산지방법원 2015.09.17 2015노1606
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won of fine and 500,000 won of fine) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant is making a confession of the crime of this case, and that the defendant should consider equity with the case where the defendant was tried together with the case where the first head judgment in the judgment of the court below became final and conclusive.

However, in light of the fact that the defendant agreed with the victim or did not reach the recovery of damage, and that the defendant has a criminal record of the same kind several times, the court below has determined the punishment as above by reducing or reducing the summary order of a fine of five million won against the defendant by taking full account of the circumstances favorable to the defendant, and that there is no change of circumstance that differs from the judgment of the court below in the trial, and there is no other change of circumstance that the defendant's age, character and behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., the court below's punishment is deemed appropriate.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

(However, in the reasoning of the judgment of the court below, the part on fraud, which became final and conclusive on September 25, 2014 and the part on fraud, which became final and conclusive on April 9, 2015, of three concurrent crimes in the application of the law, constitutes a clerical error, and thus deleted.

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