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(영문) 의정부지방법원 2016.07.05 2016노1136
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant made a confession and reflects the crime of this case in the first instance, and there is no criminal record for the same kind of crime.

B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime is a considerable amount of KRW 40 million; (b) the victim did not agree with the victim; and (c) did not recover damage; and (d) the Defendant’s age, circumstances leading to the instant crime; and (b) other circumstances that are conditions for sentencing specified in the instant pleadings, such as the circumstances after the instant crime, even if considering the favorable circumstances of the Defendant, the lower court’s punishment is too unreasonable, even if it is considered

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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