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(영문) 수원지방법원 2016.05.27 2016노1890

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflected it, and that the Defendant agreed with the victim, etc. are favorable to the sentencing.

However, considering the following factors: (a) the Defendant committed the instant crime only in the past and second month after the completion of the sentence due to fraud due to the same law; (b) the Defendant committed the instant crime on several occasions after having been punished for the same crime; (c) the Defendant’s vehicle that has been financed with the purchase price for a motor vehicle in the form of four vehicles; and (d) there are no special circumstances to change the sentence of the lower court in the past; and (e) the Defendant’s age, sex behavior, criminal records, motive and means of the crime; and (e) all of the sentencing conditions, including the circumstances before and after the commission of the crime, it cannot be deemed unfair

3. In conclusion, 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. It is so decided as per Disposition.