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(영문) 부산지방법원 2016.01.21 2015노3079
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant recognized all of the crimes of this case as well as reflects his mistake in depth; (b) at the court below paid KRW 40 million to the victim H; (c) the defendant paid the remainder of the damage to the victims; and (d) the defendant did not have any record of having been sentenced to imprisonment or a heavier punishment before the suspension of execution; (b) the defendant did not yet reach an agreement with the victims; (c) the defendant did not have any additional damage in the trial after the decision of the court below was made; (d) there is no circumstance that the court below determined the punishment in consideration of the circumstances favorable to the defendant; and (e) there was no change in the situation to the extent that the punishment should be mitigated due to the first instance trial; and (e) there is no reason to find the motive and circumstance of the crime of this case; (e) the circumstances after the crime of this case; (e) the defendant's age, sexual behavior, environment, etc.; and (e) considering various circumstances that are the conditions for sentencing as indicated in the

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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