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(영문) 수원지방법원 2020.09.18 2020노2075

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is unreasonable in light of the following: (a) the defendant has been sentenced twice as a crime of fraud; (b) the nature of each of the crimes of this case is very poor in terms of the method of crime and the scale of damage; (c) the defendant committed the crime of 2019Da1154 in the judgment of the court below even though he was investigated by an investigation agency due to the crime of 2019Da673 in the judgment of the court below; and (d) the victim's considerable part of damage appears not to have been recovered; and (d) the victims want to punish the defendant, including the defendant's age and happiness environment; (d) relationship with the victims; (e) the details and contents of each of the crimes of this case; and (e) the circumstances after each of the crimes of this case, and all of the sentencing

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

[In a case where an appeal against a judgment of conviction is filed, the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings); however, there is no statement in the petition of appeal, the statement of grounds of appeal, and the statement of grounds of appeal submitted by the defense counsel concerning the part of the judgment of the court below; and even if ex officio examination is conducted, it is impossible to find any reason to revoke