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(영문) 수원지방법원 2013.09.12 2013노3336

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused of the gist of the grounds for appeal is too unreasonable;

(2) On the grounds of appeal, the defendant and his defense counsel withdrawn the assertion of mistake on the date of the first instance trial on the grounds of appeal. 2. The defendant committed the crime of defraudation against victims who do not have any relationship with the occurrence of his claim in order to recover his claim, and the nature of the crime is very poor, the damage recovery is not made even though the damage amount caused by the crime of this case is not a large amount, and the victims request a strict punishment against the defendant, and there are no special circumstances or changes in circumstances that may be considered newly after the pronouncement of the judgment below, and it is difficult to view that there are special circumstances or changes in circumstances that may be considered newly after the pronouncement of the judgment below, including the defendant's age, character and conduct, environment, circumstance, means and method of crime, etc., which are the conditions for sentencing specified in the arguments and records of this case, it is not too unreasonable to deem that the defendant's assertion is too unreasonable

3. Accordingly, 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 groundless. It is so decided as per Disposition.