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(영문) 수원지방법원 2014.11.27 2014노741

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal presented an argument about mistake of facts and misapprehension of legal principles in the statement of grounds for appeal, but withdrawn on the second trial of the trial court.

The sentence of the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant committed the crime of fraud and bodily injury against the victim C who has a long-standing marital relationship; (b) the victim C suffered substantial damage due to the defendant's fraudulent act; and (c) the defendant did not recover damage even after a considerable period of time; and (d) the defendant did not have reached an agreement with the victims; and (b) the defendant did not reach an agreement with the victims; and (c) other factors of sentencing as indicated in the records and arguments of this case, such as the defendant's age, character and behavior, the background and means of the crime, and the circumstances after the crime, etc., it cannot be deemed that the sentence of the court below is too unreasonable.

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

(However, the last sentence of the judgment of the court below on January 19, 2008 is to be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure, since it is obvious that the last sentence of the judgment of the court below is a clerical error in the form of each," around April 25, 2012, " around April 25, 2012" (Article 25(1) of the Regulations on Criminal Procedure.