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(영문) 대전지방법원 2017.03.22 2016노3630

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflected the mistake, that the defendant did not have any criminal record more than a suspended sentence, nor had any history of punishment for the same crime, and that the defendant paid some of the amount with interest, etc. to the victim.

However, even though the Defendant took advantage of a reasonable amount of money from the injured party, and both online game expenses and living expenses, etc., he did not make any effort to repay the money to the injured party, and even if so, according to the fact that the injured party's damages have not been recovered properly, the Defendant's responsibility is not somewhat weak.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.