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(영문) 의정부지방법원 2017.03.09 2016노2961
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.

2. It is recognized that the defendant has a family member(s) to be supported by him(s).

However, as the defendant continued to pay interest to the victim, the nature and circumstances of the crime are poor.

The Defendant, even though having committed the same criminal record, again committed each of the crimes of this case, has been committed for about five years, and was unable to recover from damage or have not agreed with the victim even though he was a crime of this case.

In light 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, and the scope of the recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (the scope of the recommended sentence) in the basic area (six months to one year and six months), etc., the lower court’s sentence cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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