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(영문) 전주지방법원 2017.03.10 2016노1755
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2.5 million won) is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflects the mistake, and the amount of damage caused by the instant crime is not a relatively large amount, and the instant crime is in the concurrent relationship between the crime for which judgment has become final and conclusive and the subsequent Article 37 of the Criminal Act, and at the same time, should consider the equity between the case where the judgment has been obtained, etc., favorable to the Defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant conspireds with C to deceiving the victim and by deceiving the victim, and that the crime of this case is not less than 5 million won, and that the defendant is committed without being aware of the fact that he had already been subject to criminal punishment several times, including punishment for the same kind of crime, even though he had the record of criminal punishment, and that he did not reach an agreement with the victim up to the trial, and that he did not endeavor to recover the damage of the victim.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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