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(영문) 수원지방법원 2016.09.23 2016노4126

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is acknowledged that the defendant led to the confession of the crime of this case and reflects his mistake, but the defendant has been punished several times in fraud and imprisonment. Meanwhile, the defendant embezzled the term amount of 28 million won in total through several times, and the crime is not good, and there is no special circumstance to change the sentence of the court below in light of the following: the defendant's age, sex, intelligence and environment, motive, motive, means, method, and consequence of the crime, the circumstances before and after the crime, and the criminal records, and the circumstances of the criminal defendant and his criminal records are not recognized to be unfair since the defendant embezzleds money exceeding 87 million won in total through several times; and there is no agreement with the victims or endeavor to recover from the damage; and there is no special circumstance to change the sentence of the court below when the punishment of the court below is reasonable and it is not recognized that the punishment of the court below is unfair because the defendant and his defense counsel are too inappropriate.

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.