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(영문) 수원지방법원 2019.07.25 2019노3106

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment, six months of imprisonment) of the lower court is too unreasonable.

2. The following circumstances are acknowledged: (a) the Defendant led to the instant crime; (b) the Defendant made a confession of the instant crime; (c) the amount of damage caused by the instant crime is not very significant; and (d) the Defendant appears to have discharged the Defendant’s damage to one victim; and (c) some of the instant crimes are deemed to require the determination of punishment in consideration of equity with the case where the judgment becomes final and conclusive at the same time, etc.; and (d) it appears that the lower court’

In addition, the crime of this case was committed by the defendant who ordered food to a restaurant and borrowed money to the victim on 13 occasions through the following means: the victim's cash, etc. is considerably poor in light of the intelligence and repetition of the crime, and the various methods and contents of the crime; the defendant has been subject to criminal punishment for the same crime; in particular, on March 7, 2018, the defendant was sentenced to 6 months of imprisonment with prison labor and 1 year of suspended execution as decided by the Seoul Southern District Court on March 7, 2018, and was sentenced to 1 year of suspended execution, and the above judgment became final and conclusive and conclusive on March 15, 2018, the victim continued to commit the remaining crime except for the above partial crime, and the victim was punished for the defendant, and the sentencing of the defendant's age, character and behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, etc., as well as the circumstances of this case after the crime, it is unreasonable to deem the court below's punishment too unfair.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.