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(영문) 수원지방법원 2016.10.20 2016노2049

사기

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

An appellant who filed a final appeal against a defendant's appeal shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which he/she received the notification of receipt of the trial records (Article 361-3 (1) of the Criminal Procedure Act), and there are grounds for ex

The court of appeals shall dismiss the appeal by means of a ruling, unless the petition of appeal contains any grounds for appeal or includes any grounds for appeal.

(Article 361-4(1) of the same Act. The Defendant did not submit a statement of grounds for appeal within the due deadline for submitting a statement of grounds for appeal, and the petition of appeal does not contain any statement of grounds for appeal, and there is no other reason for ex officio investigation even after examining records.

The summary of the grounds for appeal against the prosecutor's appeal of this case is that the crime of this case is not good in light of the form and degree of deception, the defendant changed the opportunity to agree with the victim at the court below, and the defendant does not continue to appear on the sentencing date, and it does not have been recovered from damage. In light of the fact that the defrauded amount of the crime of this case was not less than KRW 20 million but not more than KRW 160,000, the sentence of the court below that sentenced the community service order for 2 years and 160 hours in prison is unfair since the sentence of imprisonment for 6 months is too unreasonable.

Judgment

In full view of the facts alleged in the grounds of appeal, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, degree of damage, circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and is not determined to be unreasonable, even if considering the circumstances alleged in the grounds of appeal in light of the following: (a) the Defendant’s erroneous recognition of the facts and the planned deception of the victim; (b) the Defendant support his wife and her children; and (c) there is no record of criminal punishment imposed or heavier than a fine for the same kind of crime; and (d) the Defendant’s age, character and behavior

In conclusion, prosecutors.