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(영문) 부산지방법원 2013.09.12 2013노2440
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (the fine of 1.5 million won) is too unreasonable.

Judgment

In light of the circumstances that are favorable to the Defendant, the Defendant committed the instant crime, including larceny, etc., for which the first head of the first criminal facts indicated in the judgment of the court below became final and conclusive, and the fact that the instant crime ought to be considered at the same time in concurrent crimes under the latter part of Article 37 of the Criminal Act. However, even though the Defendant had had the record of criminal punishment on 11 occasions, including the past record of punishment seven times for the same crime, the Defendant committed the instant crime; the Defendant did not recover from or reach an agreement on damage to the victim; the lower court already reduced the fine amount of the summary order (2 million won) by taking into account the circumstances favorable to the Defendant; and other various circumstances that are conditions for sentencing specified in the records and arguments of the instant case, such as the motive and circumstances leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, etc., and environment, it cannot be said that the lower court’s sentencing is excessive.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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