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(영문) 의정부지방법원 2015.06.05 2014노2846
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the court below on the defendant (the fine of 4.5 million won) is excessively unreasonable.

2. The circumstances favorable to the Defendant are acknowledged, such as the following: (a) the Defendant stated that the instant criminal facts constitute a substitute and reflects the mistake; (b) the economic situation is not sufficiently sufficient; and (c) the first criminal facts should be considered at the time of the original adjudication at the same time as the case for which the judgment on the head of the criminal facts became final and conclusive.

However, in light of the contents and methods of the crime, etc., the crime of this case committed by the defendant is not less than the nature of the crime in light of the crime, and there was the record of being punished by a fine for the same kind of crime in around 2012, as well as the record of having been punished several times for the crime of this kind, which is highly likely to be subject to criticism in recidivism; the victim agreement or efforts to fully recover damage was not made; and the court below did not have any special circumstances to mitigate the punishment of the court below differently considering the circumstances of the defendant, and there is no change of circumstances to mitigate the punishment of the court below. Considering the balance with the general sentencing of the case of the same or similar case, the defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime of this case, the situation, criminal record, family relation, health condition, etc. after the crime, the defendant's argument is without merit.

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

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