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(영문) 수원지방법원 2015.08.17 2014노6903

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized the crime and the mistake is divided, that the court below deposited part of the amount of damage for the victim, that there is a family member to support the crime, and that the crime of this case is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime for which the judgment has become final and conclusive, and that equity with the case where each crime has been tried should be considered together, etc., may be considered as favorable circumstances to

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., the sentence of the court below is too unreasonable, in light of the fact that the amount of damage in this case is a large amount, the damage in this case is a long period, and the damage recovery is not properly made even after the Defendant had reached an agreement with the victim, and the Defendant had the same criminal records even before the crime in this case.

3. 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.