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(영문) 대전지방법원 2016.09.22 2016노637
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable (the imprisonment of six months, the suspension of execution of two years, and the community service order of 80 hours).

2. The judgment is a favorable condition to the defendant that the defendant reflects his mistake, and that the defendant has no record of punishment.

However, in light of the following: (a) the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime by deceiving the State’s subsidies, which requires a strict punishment that makes the State’s finances worse and ultimately increases the citizens’ tax burden; and (b) there are no special circumstances or changes in circumstances that may be considered newly after the sentence of the lower judgment; and (c) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the crime; (d) the Defendant’s sentence against the Defendant is too too too unreasonable

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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