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(영문) 의정부지방법원 2016.06.21 2016노1032
사기등
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 and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, and that the amount of damage to larceny and fraud is relatively little.

B. However, in consideration of various circumstances, such as the defendant's age, background of the crime, and circumstances after the crime, the court below's punishment is too unreasonable even if the circumstances favorable to the defendant were considered earlier, considering the following circumstances: (a) the defendant committed each of the crimes of this case during the suspension period of execution due to the crime of larceny, fraud, and the violation of the Act on Specialized in Financial Services; (b) the defendant was punished three times for the larceny; (c) the defendant was not agreed with the victims; (d) the damage was not repaid; (e) there was no change of circumstances after the decision of the court below was made; and (e) there was no change of circumstances after the decision of the court below; and (e) the defendant's age, circumstances after the crime, and circumstances after the crime were committed.

Therefore, the defendant's above 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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