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(영문) 전주지방법원 2013.11.01 2012노625 (1)
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (the fine of KRW 5,00,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances such as the fact that the defendant recognized the crime of this case and is in depth divided, that the defendant is aged and has no record of punishment heavier than the same kind of crime or fine.

However, in full view of the fact that the Defendant did not take any measures to recover damage until the trial at the trial, the balance of sentencing with the accomplice A who was sentenced to six months of imprisonment, and other various sentencing conditions of Article 51 of the Criminal Act, which are shown in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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