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(영문) 수원지방법원 2014.09.04 2014노3676
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the court below has a number of instances where the defendant was sentenced to imprisonment and fines for the same kind of crime, such as involuntary taking, and the defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Seoul Western District Court on March 14, 2013 on December 30, 2013 and the execution of the sentence was completed on December 30, 2013 and is still under a repeated crime period for the same crime, the defendant committed the instantless taking-type crime from March 23, 2014 to five times, which is only three months after the release, and the damage amount of the instantless taking into account the nature of the crime of totaling KRW 2,320,00,00 in total. Nevertheless, if the defendant did not make any effort to recover from damage until the trial of the court, and most victims wished to punish the defendant, and the defendant's assertion that the defendant's punishment is not acceptable as a comprehensive review of various circumstances, including age conditions of the defendant's age.

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

(However, according to Article 25 (1) of the Rules on Criminal Procedure, the term " March 23, 2014" in the fourth sentence of the crime of the lower judgment shall be corrected to " March 24, 2014. 01:10".

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