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(영문) 의정부지방법원 2016.04.08 2016노471
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (one year and six months of imprisonment) is unfair due to excessive negligence (the defendant does not dispute the part of the compensation order among the judgment below). 2. The judgment on the grounds for appeal was examined, and the facts that the defendant recognized all the facts constituting the crime of this case and against his mistake are against the defendant's normal recognition.

However, each of the crimes of this case committed by the defendant is deemed to have been sentenced within the scope of the sentencing guidelines (general fraud, type 1 (less than KRW 100,00), special aggravation area (in the event that they were committed against unspecified or multiple victims or repeatedly for a considerable period of time, the same repeated crime, year to March 1), special aggravation area (in the event that they were committed for unspecified or large number of victims or for a considerable period of time), there is no change of circumstances that could reduce the sentence of the court below at the trial, and there is no other reason to believe that the defendant's age, sex, environment, intelligence and environment as shown in the pleadings of this case, and the defendant has been punished several times due to the same crime, and the defendant has committed repeatedly each of the crimes of this case without being aware of it during the period of repeated crime due to the same kind of crime, etc.). Considering the various circumstances of the defendant, there is no possibility that the court below sentenced the defendant to the punishment of this case, the defendant's motive and circumstance of the crime of this case, various circumstances, etc.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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