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(영문) 의정부지방법원 2020.10.15 2020노1775
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In the sentencing division (the first instance court: 6 months of imprisonment), the defendant's act of fraud as provided for in paragraph (2) of the facts charged at the trial of the political party shall be considered to be favorable to the defendant, and the fact that there is no record of punishment exceeding the fine in the past, etc.

However, in light of the circumstances and the applicable law of each of the crimes of this case, the court below's sentencing conditions under Article 51 of the Criminal Act are acceptable in full view of the following facts: (a) the defendant's liability for the crime of this case is heavy; (b) the victims did not recover from damage until the trial of the case is held; and (c) the circumstances with the past record of punishment, and (d) the sentencing conditions of the same kind of crime,

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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