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(영문) 수원지방법원 2017.08.11 2017노4022

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced the Defendant to six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

The sentencing judgment of the court below exceeded the reasonable limit of its discretion in full view of the following: (a) the conditions for sentencing in the trial of the court; (b) the fact that most of the damages have not been recovered (the principal is KRW 68,00,000,000; (c) the defendant repaid the total of KRW 2,930,676 until March 25, 2013; and (d) the defendant repaid the total of KRW 7,000,000 in the trial of the court below; and (e) million in the trial of the court of the court below; and (c) the sentencing guidelines, and the sentencing guidelines, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

Therefore, the defendant's assertion is without merit.

3. 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.