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(영문) 의정부지방법원 2016.04.21 2016노472
사기
Text

The defendant's appeal is dismissed.

Reasons

The sentence (one year and six months) imposed by the court below on the defendant is too unreasonable.

Judgment

It is recognized that the defendant has no record of being sentenced to punishment exceeding punishment and fine for the same crime.

However, in light of the fact that the amount of damage in this case is considerably large and the actual amount of damage reaches about KRW 17,5980,000, the nature of the crime is heavy.

The defendant did not agree with the victims until the party's trial. There are no special circumstances that make the judgment of the court below different from the punishment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so.

However, it is clear that the "70,000,000 won" of the second half of the judgment of the court below is a clerical error. Thus, in accordance with Article 25 (1) of the Regulation on Criminal Procedure, ex officio, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, it is decided as "70,000,000 won". It is so decided as per Disposition.

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