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(영문) 의정부지방법원 2014.10.24 2014노1947
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to sentencing are as follows: (a) the Defendant made confession of all of the instant crimes when the instant crime was committed in the first instance; (b) the Defendant was not deemed to have committed the instant crime in bad faith from the beginning; and (c) the Defendant has no record of criminal punishment heavier than the suspended sentence.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crime, and circumstances after the commission of the crime, the sentence of the lower court is too unreasonable, in view of the following: (a) the Defendant did not make a confession of the instant crime until the lower court; (b) the Defendant paid damages to the Defendant or did not agree with the victim even until the first instance trial; and (c) the Defendant’s age, character, character, environment, occupation, circumstances leading to the instant crime;

Therefore, the defendant's 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 ground that it is without merit. It is so decided as per Disposition.

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