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(영문) 광주지방법원 2017.01.12 2016노3381
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment is the circumstances favorable to the defendant that the defendant recognized the crime and reflects the crime, and that the sum of the acquired money is not much than 8.5 million won.

On the other hand, the following is disadvantageous.

The crime of this case is committed by the defendant against an unspecified driver in the past 23 times as if the defendant was involved in a traffic accident, and is committed by acquiring medical expenses and money from the victim in the name of the agreement, and is very bad in light of the law and the frequency of the crime.

The Defendant had a record of criminal punishment for the same crime, and furthermore, the Defendant was released on parole by committing the same kind of crime, and was released from prison labor for the same crime, and the period of parole has not yet been more than several months after the expiration of the period of parole.

The damage was not completely recovered.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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