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(영문) 의정부지방법원 2018.06.25 2018노1293
상습사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. It is recognized that the Defendant committed the instant crime even though he/she had been punished several times, including imprisonment for the same kind of crime, and, in particular, committed the instant crime even though he/she had been a repeated crime due to the same crime, and committed the crime under Paragraph 2 of the judgment below after being investigated by the police station as a crime under Paragraph 1 of the judgment of the court below and being taken measures for returning home after several times.

However, taking into account the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the defrauded is relatively small amount; (c) the amount of damage was repaid to the victims; and (d) there was an agreement to pay the victims the full amount of damage; and (c) there was no special circumstance or circumstance newly considered in the sentencing after the sentence of the lower judgment; and (d) there was no change in the Defendant’s age, sexual behavior, environment, motive and background of the offense, means and method of the offense; and (e) the circumstances surrounding the argument and the sentencing indicated in the record of the instant case, such as the circumstances after the commission of the offense, etc., it

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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