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(영문) 부산지방법원 2017.10.13 2017노2556
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (one million won penalty) imposed by the court below is too unreasonable.

2. It is advantageous to the fact that all of the judgment crimes are recognized and reflected in the judgment, and the equity between the first head of the crime as stated in the judgment of the court below, which is a single concurrent crime after Article 37 of the Criminal Act, should be considered.

However, in full view of the various circumstances, such as the Defendant’s age, sex, environment, family relationship, etc., even though there was a history of criminal punishment several times due to the same crime, it is difficult to view that the lower court’s punishment is too unreasonable, by taking account of the following factors: (a) the likelihood of re-offending is high; (b) there is no agreement with the victims; (c) there is no special change in circumstances after the lower judgment was sentenced; and (d) there is no other reason to the effect that

Therefore, we do not accept the above argument of the defendant's above sentencing.

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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