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(영문) 수원지방법원 2017.09.29 2017노5128

사기등

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 lower court sentenced eight months of imprisonment in consideration of the circumstances favorable to the Defendant, favorable to the Defendant, and the sentencing guidelines recommended by the Sentencing Committee.

The judgment of the court below exceeded the reasonable bounds of discretion in full view of the following: (a) the conditions for sentencing in the trial; and (b) the fact that no agreement has been reached with the victim F until now; and (c) 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.

However, since it is obvious that the "19 million won" of the 9th act in the column for the method of crime No. 14 attached to the judgment of the court below is a clerical error in the "10 million won", it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.