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(영문) 수원지방법원 2018.10.12 2018노4691
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced the Defendant to one year and six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the following factors: (a) the sentencing conditions in this court; (b) the Defendant has repeatedly committed a crime for a short period of time; and (c) the victim has been 23 persons; (b) the amount of defraudation exceeds KRW 20 million; and (c) the Defendant committed the instant crime during the same period of repeated crime; and (d) the judgment of the court below exceeded the reasonable bounds of discretion.

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 after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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