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(영문) 의정부지방법원 2016.11.24 2016노2548
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment defendant has a mental disorder, and that the value of the property or property acquired by the defendant is not significant.

However, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, such as fraud of each of the instant penal provisions, and had committed each of the instant criminal crimes again since there has not been much time after the execution of the sentence was completed (same repeated crime). The Defendant had the same and different criminal records, including the criminal records of the said repeated crime, and did not recover damage to the victims so that they could come to the trial.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be 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 ground that it is without merit. It is so decided as per Disposition.

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