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(영문) 수원지방법원 2017.10.12 2017노5746

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized all of his own criminal acts, the amount of fraud is relatively small, and the victims of the crime of fraud have reached an agreement with the victim.

However, the defendant has been punished more than once for a crime related to the same type of fraud or violence, committed each of the crimes in this case again during the period of repeated crimes for the same crime, committed the crime in this case again during the period of 10 days after being arrested and released as an offender in the crime of assault in this case, and again committed the crime in this case against the victim G again within 10 days after being released, etc. In addition, taking into account all the sentencing conditions of the records of this case, such as the defendant's age, sexual behavior, family environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentencing of the court below is too excessive and it is difficult to view that the above assertion by the defendant is unfair.

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