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(영문) 수원지방법원 2018.01.11 2017노8049

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) acknowledges and speaks against the defendant, the victim C and I expressed that the defendant does not want to be punished by the defendant, and the defendant was sentenced to one year of suspended execution in six months of imprisonment with prison labor for special larceny on July 14, 2016 and the above judgment became final and conclusive on July 22, 2016. In light of the fact that the crime of this case and the above crime for which the judgment became final and conclusive should be considered at the same time in the relation of concurrent crimes after Article 37 of the Criminal Act, and at the same time in the relation of single concurrent crimes after Article 37 of the Criminal Act, it is unfair that the court below’s sentence of eight months

2. The judgment of the court below reaches KRW 97 million in total; the defendant was sentenced to imprisonment with prison labor on January 16, 2009 with prison labor on January 16, 2009 and completed the execution of the sentence on November 10, 2009; the defendant committed a part of the crime of this case during the repeated crime period; there are many criminal records for the same crime; victims M and N did not recover from damage; the circumstances alleged in the appeal are deemed to have already been reflected in the sentencing; there are no special changes in circumstances that the court below seems to have already reflected in the sentencing; the defendant's age, sexual behavior, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime, etc.; thus, the above assertion is unreasonable since the court below's punishment is too unreasonable, considering all the circumstances of the records and arguments in this case, such as the records and arguments after the crime, etc.

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.