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(영문) 대전지방법원 2016.03.24 2016노194

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (4 months of imprisonment) is too unreasonable.

2. The fact that the judgment is against the defendant, and that the defendant has no particular criminal record, etc. can be considered favorably.

However, in full view of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too too unreasonable and it is not recognized that it is unfair in full view of the following factors: (a) the defendant deceivings the victim and uses the money for gambling on the Internet; (b) the victim wants to punish the defendant; and (c) the defendant's age, sex, environment, motive and consequence

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. It is so decided as per Disposition.