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(영문) 수원지방법원 2017.06.09 2016노7288

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The lower court sentenced a fine of KRW 5 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

The sentencing judgment of the court below exceeded the reasonable limit of discretion in full view of the fact that the defendant committed the crime of this case during the period of repeated crime, the status of the defendant, the sentencing guidelines, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

Therefore, the defendant's assertion is without merit.

3. 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.