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(영문) 수원지방법원 2018.02.21 2018노8

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced three months of imprisonment, considering the circumstances favorable to the Defendant and favorable to the Defendant and the recommended sentencing guidelines of the Supreme Court sentencing committee.

In full view of the facts that are the conditions for sentencing in the trial, and, in particular, the facts that the instant crime was committed during the suspension period of execution for the same kind of crime, and the sentencing guidelines, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

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 in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable.

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.

However, the lower court’s 4th two parallels “2015 highest order 3077” is apparent that it is a clerical error in the “2016 highest order 4336”, and thus, ex officio correction is made pursuant to Article 25(1) of the Regulations on Criminal Procedure.