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(영문) 춘천지방법원 강릉지원 2014.04.02 2013노569
사기등
Text

The defendant's appeal is dismissed.

The fourth written decision of the court below shall be corrected to "paragraph (1)" in paragraph (2).

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for three months, one year of imprisonment, and three hundred thousand won of fine) is too unreasonable.

2. The determination is that the Defendant led to the confession and reflect of the crime, in the case of the fraud crime in 2008, the crime of fraud, etc. for which the judgment has already become final and conclusive, and the latter part of Article 37 of the Criminal Act, the fact that some agreements have been reached during the trial (C part 3.2 million won), and the difficult family environment are favorable to the Defendant

However, in full view of all the sentencing conditions, including the fact that the defendant committed the crime repeatedly for an unspecified or many unspecified victims for a considerable period of time, the defendant has a record of having been punished for the same kind of crime, the defendant committed the crime under the same several Acts during the period of repeated crime even after having been sentenced to punishment for fraud, and the execution of the punishment has been completed, and the remaining victims' damage has not been recovered, it cannot be deemed that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. Since it is obvious that "paragraph (1)" in the fourth sentence of the decision of the court below is a clerical error in the "paragraph (2)", it is so decided to correct ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure.

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