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(영문) 수원지방법원 2018.10.22 2018노4423

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and three months of imprisonment) is too unreasonable.

2. Although the defendant had a favorable attitude to recognize and reflect the defendant's wrong determination, the crime of this case is committed by the defendant under the influence of trading in diskettes for more than six months, in light of the method of crime, the period of crime, and the result of the crime, the nature of the crime is poor, the recidivism of the repeated crime due to the same kind of crime is low, there are many other records of criminal punishment, and there are no changes of circumstances to mitigate the punishment of the court below in the trial at the trial, and there are no other changes of circumstances to mitigate the punishment of the defendant in addition to the circumstances unfavorable to the defendant, such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, the method and consequence of the crime, and the circumstances after the crime, etc., the punishment of the court below is judged to be appropriate, and it cannot be deemed to be unfair because it is too unreasonable, considering various sentencing conditions as shown in the records and changes theory after the crime.

The defendant's argument of sentencing is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.