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(영문) 대전지방법원 2017.12.20 2017노3104
상습사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, additional collection KRW 200,000) is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant recognized the instant crime and reflects the mistake, and that the sum of the amount of the defraudedation of this case is relatively large.

However, the crime of fraud of this case is a situation unfavorable to the defendant, such as the following: (a) the defendant has entered the toilets of the same kind; and (b) habitually repeated the behavior by obtaining the consent money from the above D through the delivery of the consent money from the above D; (c) the nature of the crime is very poor in light of the methods and frequency of the crime; (d) the social harm caused by narcotics and the necessity of eradicating the crime; and (e) the defendant has been punished several times due to the same type of fraud and drug-related crimes; and (e) the defendant seems to have been

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

Therefore, 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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