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(영문) 대전지방법원 2015.10.08 2015노2266
사기등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (five months of imprisonment) is too unreasonable.

2. It would be reasonable to take into account the following factors: (a) the Defendant’s mistake is against himself/herself; (b) there has been no history of punishment until now; (c) the amount of damage from the crime of fraud is not significant; (d) the Defendant complained of the Defendant’s wife; (e) the victim’s side appeals the Defendant’s wife; (e) there is a mother whose health is not good; and (e) the Defendant’s family and branch members want to take the Defendant’s wife.

However, on May 28, 2014, the Defendant was subject to a suspended sentence (one year of imprisonment and two years of suspended sentence) against the crime committed by forging and using private documents, etc. on the Internet. However, the Defendant committed each of the instant crimes without being aware of it during the period of suspended sentence for which five months have not yet passed since the above judgment became final and conclusive, and the Defendant committed the same crime as the previous crimes. The Defendant committed the same crime as the previous ones, and the Defendant did not seem to have good faith, and the risk of repeating the crime is high. Therefore, there is no change in sentencing after the sentence of the lower judgment was rendered, and there is no change in circumstances that change the sentencing after the sentence was made, and all other sentencing conditions such as the Defendant’s age, character and behavior, environment, motive and consequence of the crime, and the following circumstances, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court on each of the instant crimes: the crime group, forgery, alteration, etc. of private documents, forgery and alteration of private documents, and the scope of punishment (one to six months of recommendations).

In full view of the results of multiple crimes: from June to March, etc., if the judgment of the court below becomes final and conclusive, even if there are circumstances that invalidate the above suspension of execution, the sentence of the court below is too excessive to the extent of reversal.

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