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(영문) 제주지방법원 2016.03.17 2015노666
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. In our criminal litigation law that takes the trial-oriented principle and the principle of directness, where there exists a unique area of the first deliberation on sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant is favorable to the Defendant that all of the instant crimes are recognized and against whom the Defendant is committed.

On the other hand, the defendant acquired a total of 20,300,000 won from 7 victims under the name of a bits for a considerable period of time, and in light of the circumstances and methods of crime, it is not good to commit a crime.

Until now, victims have not recovered from damage.

The Defendant has been punished several times for the same crime even before each of the crimes in this case.

The Defendant, while having been tried to commit a part of the instant fraud, committed the crime of fraud at the same time while escapeing.

Such circumstances are disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, and the scope of recommended sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the lower court is deemed reasonable and unreasonable.

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

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