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(영문) 의정부지방법원 2017.12.14 2017노2822
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the wrongness of the defendant, and that the defendant has a family member to support (a mother and child).

However, the crime of this case is nothing more than nine months by deceiving a large number of victims to sell used goods, and the crime of this case is not good.

The defendant did not agree with the victims until the time of the trial, and did not pay the victims the amount of damage.

The defendant has five criminal records of the same kind, including the criminal records punished by imprisonment with prison labor, and the three criminal records are the same crimes as the crimes in 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 sentencing guidelines set forth in the Supreme Court's sentencing guidelines (one year to two years and six months) / [the scope of the recommended punishment] the aggravated area (one year to two years and six months) (one year) of the aggravated area (one year to six months) (a special aggravated person) of the defendant's age, sexual behavior, family relationship, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime was committed / general fraud, and the case where the court below's punishment is too unreasonable because it is too 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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