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(영문) 의정부지방법원 2014.12.03 2014노201
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. Although there are favorable circumstances for the Defendant, such as the following: (a) the judgment was examined; (b) the Defendant was the first offender; and (c) the Defendant led to the confession and statement that he was divided into the instant crime; (d) on the other hand, the damage has not been recovered up to now; and (e) the victim wanted to punish the Defendant’s severe punishment.

In full view of the above circumstances and the circumstances favorable to the defendant, the court below sentenced a minor punishment more severe than a summary order, and there is no special change in circumstances to change the sentence of the court below in the trial, and in full view of all the sentencing conditions such as the defendant's age, character, conduct, intelligence and environment, relationship with the victim, motive, circumstance, means and consequence of the instant crime, circumstance after the instant crime, family relationship, etc., the sentence imposed by the court below is proper and unreasonable. Thus, the defendant's 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 ground that it is without merit. It is so decided as per Disposition.

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