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(영문) 의정부지방법원 2016.03.29 2016노293
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, and that the Defendant’s family situation and health conditions are not good.

B. However, even though the Defendant had been sentenced to punishment for the same crime more than 10 times, the Defendant committed the instant crime again at the time when two months have not passed since he was sentenced to punishment for the same crime under the same law, and was released from the prison, and again committed the instant crime again at the time when two months have not passed since the Defendant was sentenced to punishment for the same crime, not agreed with the victims, and not recovered from damage, and other circumstances that form the conditions for sentencing specified in the instant argument, including the Defendant’s age, the background of the crime, and the circumstances after the crime, are considered as being favorable to the Defendant, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above 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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