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(영문) 수원지방법원 2016.09.09 2016노3764

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. It seems that the criminal intent of deception does not reach a conclusive level, the crime is against the law, there are no criminal records of the same kind, there are no criminal records exceeding fines, and there is no criminal records beyond the fine, and the defendant's family is detained, which seems to suffer from difficult circumstances.

However, the fact that the damage has not been recovered, and the victims have been punished for the defendant is disadvantageous.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions indicated in the previous theories, the sentence of the court below cannot be deemed to be unfair because it is too unreasonable.

Therefore, 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.