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(영문) 수원지방법원 2017.05.29 2016노8481
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because of the sentence imposed by the court below on the defendant (six months of imprisonment).

2. There are no circumstances that may be considered favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the defendant deposited KRW 10 million for the victim, the defendant suffered tuberculosis and the health status was not good.

However, since most of the damages caused by the instant crime are not recovered from considerable damage, it is highly likely that the injured person would be punished for severe punishment against the Defendant, and the Defendant committed the instant crime without being subject to criminal punishment on several occasions, and there is a high possibility of criticism. Considering the Defendant’s age, sexual conduct, environment, relationship between the Defendant and the victim, and all of the sentencing conditions indicated in the records and the changes theory, such as the background of the instant crime, relationship between the Defendant and the victim, before and after the instant crime, etc., the lower court’s sentence against the Defendant is too unreasonable, and thus, the above assertion by the Defendant 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.

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