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(영문) 부산지방법원 2014.02.13 2013노3541
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two million won of a fine) is too unlimited and unfair.

2. In light of the following circumstances: (a) although the court below made a favorable condition in which the defendant deposited one million won for the victim; (b) the defendant had the record of having been punished several times as a crime under the same several Acts; (c) in particular, there have been no few months since the defendant was punished as a punishment for the same kind of crime; (d) the victim committed the crime of this case; (e) the victim was injured or did not agree on the damage; and (e) other circumstances are considered such as the motive and circumstance of the crime of this case; (e) the circumstances after the crime of this case; (e) the defendant’s age, character and conduct, and environment; and (e) the sentencing of the court below is reasonable.

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

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