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(영문) 의정부지방법원 2020.09.10 2020노1442
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Sentencing (a fine of one million won is imposed);

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of the instant crime; (b) the Defendant received the victim’s test in the first instance; and (c) the equity between the case in which the judgment has already become final and conclusive and the case in which the judgment has already become final and conclusive.

However, in light of the method and circumstances of the instant crime, comprehensively taking account of the fact that the Defendant’s liability for the crime was heavy, the fact that there was a history of punishment several times of the same kind of crime in the past, and the sentencing conditions under Article 51 of the Criminal Act, the lower court’s punishment is not deemed to be too unreasonable.

Therefore, we cannot accept the defendant's argument during the sentencing.

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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