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(영문) 수원지방법원 2014.04.03 2013노6191

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (4 months of imprisonment) is too unreasonable.

2. Although the Defendant recognized the Defendant’s mistake and reflects it, the lower court’s sentencing seems to be reasonable in full view of the following: (a) even though the Defendant did not recover the victim’s damage until now, and appears to have not made any effort to recover damage; (b) the Defendant had multiple different types of criminal records, including three-time suspended criminal records; and (c) the Defendant’s age, character and conduct, family environment, and circumstances leading to the Defendant’s crime.

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, if the facts constituting the crime No. 4 are corrected to a "victim", the defendant shall be corrected to a "victim".