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(영문) 의정부지방법원 2015.07.17 2015노1307
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the Defendant is deemed to be incompetuably unreasonable due to the excessive sensing of the sentence of the lower court (one year of imprisonment), while the prosecutor asserts that the sentence of the lower court is too uneased and unreasonable.

2. Determination: The circumstances favorable to the pleadings of the instant case (such as the fact that the Defendant made a statement that his mistake would be against the depth of his mistake; the injury amount to the Defendant is relatively minor compared to the frequency of the crime) and unfavorable circumstances (the crime of this case committed by the Defendant is not less than the quality of the crime in light of the content and method of the crime; the victim’s agreement or complete damage recovery has not been made up until now; the Defendant released from prison for two years due to the crime of this case; the Defendant committed the crime more than eight times per month after being arrested and released from prison; particularly, the Defendant committed the same kind of crime again after being investigated into the crime of this case on two occasions due to the crime of this case; the Defendant was arrested and released on two occasions, and it is highly likely that he will be subject to criticism; the lower court appears to have sentenced one year of imprisonment within the scope of the recommended sentence set by the sentencing guidelines, taking full account of the various circumstances of the Defendant, and there is no special reason to increase or decrease the punishment of the lower court; the Defendant’s motive, motive and circumstances of this case; and circumstances, etc.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, according to the records, the records are examined.

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