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(영문) 의정부지방법원 2016.08.25 2016노1480
사기
Text

The defendant's appeal is dismissed.

Reasons

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

Judgment

Each of the crimes of this case is a false writing stating that the defendant sells a portable telephone, etc. on the Internet's trading site, and the defendant acquired the price through 10 times from the victims, and the nature of the crime is heavy in light of the method and frequency of the crime.

In the past, the defendant committed each of the crimes of this case even though he had been punished twice as a crime of fraud of similar law in the past.

The Defendant did not agree with the victims up to the trial of the case, and did not seem to have any effort to recover the damage.

There is no special circumstance that differs from the original judgment in the first instance.

In full view 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 recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing committee, etc., the lower court cannot be deemed to have excessively exceeded the lower limit of the above recommended sentence scope and thus unfair.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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