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(영문) 수원지방법원 2017.11.24 2017노6992

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the defendant separates and reflects his mistake, and that the injured person does not want the punishment of the defendant by agreement with the victim at the investigation stage is favorable to the defendant.

On the other hand, the defendant has a record of having been punished several times for the same crime, in particular, since there has not been a sentence of suspended execution due to the same crime, the crime of this case was committed and the amount of fraud was not much specified, etc. are disadvantageous to the defendant.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above 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.