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(영문) 전주지방법원 2013.05.03 2013노268
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. A favorable circumstance is recognized such as the fact that the defendant recognized the crime of this case when the judgment on the grounds of appeal was in the first instance, and recognized it in depth, and there was no previous conviction punished for the same kind of crime, and that he deposited KRW 15 million in the court below for the recovery of the victim's damage.

However, in full view of various sentencing conditions in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, circumstances leading up to the Defendant’s instant crime, means and consequence, the situation before and after the instant crime was committed, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not reasonable, since it is not recognized that the Defendant’s sentence is too unreasonable.

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

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