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(영문) 수원지방법원 2015.07.15 2015노2458

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the sentence of the court below is too unreasonable, and the Defendant’s assertion is not reasonable, since it is not recognized that the sentence of the court below is too unreasonable, in light of the following factors: (a) even though the Defendant has led to the instant crime; (b) the defrauded did not reach agreement with the victim up to the trial despite the considerable period of time since the instant case had lapsed; (c) the victim did not recover from actual damage; (d) the records of the instant crime have many records of criminal punishment; and (e) the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime; and (e) the circumstances after the crime.

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.