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(영문) 수원지방법원 2014.09.25 2014노3243

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. Determination takes into account the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant has a dependent on the Defendant; (c) the Defendant’s health is not good; and (d) the equity between the crime of forging private documents and the crime of uttering of falsified documents used as the means of the instant crime in 2012 should be taken into account; (b) while taking into account the following factors: (c) the criminal intent of the instant case is very poor; (d) the amount of deception is not large; (e) the Defendant did not reach an agreement with the victim; and (e) other conditions of sentencing specified in the instant records and arguments, including the Defendant’s age, character and behavior, environment, criminal background, and circumstances after the commission of the instant crime

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

(However, the judgment of the court below is clearly erroneous in the statement of the second page, 7 and 8, and the phrase "by May 17, 2010" is corrected in accordance with the prosecutor's application for correction of the indictment. Thus, the correction is made in accordance with the prosecutor's application for correction of the indictment.