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(영문) 부산지방법원 2016.06.23 2016노1440
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of one year and two months sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that there are circumstances that should be considered in light of the circumstances favorable to the defendant, such as the following: (a) the amount of damage incurred by the defendant, who committed a crime with no previous type of crime five times for three days, is KRW 1.2 million in total; (b) the defendant's wrong recognition and reflects the defendant's attitude; and (c) the defendant's physical mental problems, such as the existence of alcohol alcohol and drinking habits, appear to be one of the important causes for the defendant to repeat these types of crimes.

However, the Defendant was sentenced to a suspended sentence of imprisonment with labor for the same kind of crime more than 20 times since he was first sentenced to a suspended sentence of imprisonment with prison labor for the commission of the crime, such as around the 1999, and the Defendant was sentenced to imprisonment with prison labor for the same crime on August 3, 2013 and was sentenced to a fine three times or more during the repeated crime period after the completion of the execution of a sentence by a previous criminal for fraud on August 3, 2013 as stated in the judgment of the court below, but again committed the instant crime. In light of the fact that the Defendant committed the instant crime, and the Defendant was arrested as the current offender and released after the release of the Defendant, the Defendant’s responsibility for the instant crime is less than the Defendant’s liability.

there is no need to give more severe warning to the defendant, and it is necessary to give more severe warning to the defendant.

The decision is judged.

When considering the above circumstances and other circumstances such as the defendant's age, sex, environment, records of crimes, circumstances after crimes, etc., the punishment sentenced by the court below is within the scope of the reasonable discretion for sentencing.

The decision is judged.

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.

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