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(영문) 수원지방법원 2016.10.14 2016노5284
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the lower court (one year of imprisonment) shall be too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant recognized the crime and reflected the crime, and the fact that stolen damage was returned.

However, considering the following factors: (a) the Defendant committed fraud several times after release; (b) the Defendant had been punished several times for the same kind of crime; (c) the Defendant committed the instant crime during the repeated crime period due to the same kind of crime; and (d) the Defendant’s age, character and conduct, criminal records, motive and means of the crime, degree of damage, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

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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