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(영문) 의정부지방법원 2016.01.29 2015노3233
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant made a confession of the facts constituting the instant crime and expressed that his mistake is against his depth; and (b) the Defendant’s long-term detention may involve excessive difficulty to his dependants; and (c) the circumstances favorable to the Defendant are recognized.

However, each of the crimes of this case committed by the defendant was committed with poor quality in light of the content and method of the crime, the degree of damage (a total amount of damage KRW 150 million), the frequency and period of the crime, etc., the victims' agreement or efforts to completely recover damage have not been made up until now, and the damage recovery in the future seems to be imminent. In addition, there was a history of punishment several times for the same crime, and there is a high possibility of criticism that the defendant committed each of the crimes of this case without being aware of it during the period of repeated crimes due to the crime of fabrication of private documents and the crime of accompanying crimes. Considering the various circumstances of the defendant, it appears that the court below sentenced 2 years and six months within the scope of the sentencing guidelines set by the sentencing guidelines, and there was no special change in circumstances to reduce the punishment of the court below in the same or similar cases, balance between the general criminal punishment of the same kind and similar cases, and other circumstances of the defendant's age, sex, circumstances, possibility and frequency of the crime of this case, the circumstances and circumstances of the crime of this case, etc.

3. If so, the defendant's appeal is reasonable.

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