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(영문) 의정부지방법원 2017.03.24 2016노3602
사기등
Text

The judgment below

The part concerning the crimes No. 2 and 3 of the crime list No. 1 of the judgment and the crimes No. 4 and 5 of the judgment. 1.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (an offense No. 1 in [Attachment 1] No. 1 in [Attachment 1] in the judgment of the court below, and a crime No. 2 and 3 in the judgment of the court below: Imprisonment with prison labor for six months; a crime No. 2 and 3 in [Attachment 1] in the judgment of the court below; and a crime No. 4 and 5 in the judgment of the court below; imprisonment with prison labor for four months).

2. Determination

A. As to the crimes No. 1 of [Attachment 1] No. 1 of the judgment of the court below and the crimes Nos. 2 and 3 of the judgment of the court below, the defendant recognized and reflected this part of the crimes.

In the case of each of the crimes in this part, the equity should be taken into account in the case of larceny of the first head as stated in the judgment of the court below.

The defendant repaid the full amount of the damage to the victim E in the court below.

However, on May 2, 2012, the defendant was sentenced to one year of imprisonment for a crime of fraud and was sentenced to two years of suspended sentence for a crime of fraud, and was sentenced to a total of six times of fraud, and was sentenced to a fine.

It was not agreed with the victims except the victims E, and the damage was not recovered, and there is no effort for recovery.

Considering the above circumstances and other conditions of sentencing as indicated in the records and theories of this case, such as the Defendant’s age, sex, environment, and circumstances after the crime, the sentence imposed by the lower court on this part of the crime is too unreasonable.

Therefore, the defendant's argument that this part of the sentencing is unfair is rejected.

B. Of the judgment below, the Defendant had been punished several times for fraud crimes, as seen earlier, with regard to the crimes Nos. 2 and 3 of [Attachment 1] No. 1 of the judgment of the court below, and the crimes Nos. 4 and 5 of the judgment.

This part of the crime is committed during the suspension of execution due to the first head larceny as stated in the judgment of the court below, and the crime of larceny and the crime of larceny are committed by the defendant who pretends as if the defendant were to kill another person's property.

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