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(영문) 수원지방법원 2018.11.19 2018노5882

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the 2-month imprisonment and the 2-year and 6-month imprisonment with prison labor for the remaining crimes) of the lower court is too unreasonable.

2. The judgment of the defendant shows the attitude of recognizing and opposing the error, and the total amount of property damage caused by each of the crimes of this case cannot be deemed to be a large amount.

However, in light of the fact that each of the crimes in this case was committed with multiple types of crimes, such as fraud, theft, attack, violence, etc., the defendant's compliance consciousness is imminent.

In light of the fact that the defendant had been sentenced to imprisonment for the same kind of crime, even though there were many records of punishment, it is difficult to find out the opening of the crime in this case during the repeated crime period, and in addition to the fact that the victim W did not agree with the victims or did not take measures to recover damage in addition to the partial repayment of the amount of property damage to the victim W, the court below did not change the circumstances unfavorable to the defendant. In light of the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the court below's punishment is judged to be appropriate, and it cannot be deemed unfair because it is excessively unreasonable.

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.