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(영문) 의정부지방법원 2014.10.10 2014노1339
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is true that there are circumstances, such as the fact that the defendant made a confession, and the fact that management conditions have deteriorated during the course of business activities, leading to the instant crime.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, and circumstances after the instant crime, etc., the sentence of the lower court is too unreasonable, and the victim appears to have suffered considerable difficulty by suffering from a big shock in its business operation. Nevertheless, no particular measure was taken to recover damage up to the trial of the lower court. In full view of all the circumstances, such as the Defendant’s age, character and conduct, circumstances leading to the instant crime, and details thereof, etc., the sentence of the lower court cannot be deemed 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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