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(영문) 수원지방법원 2016.02.19 2015노7183
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is true that there is a condition for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the victim J, the owner of the Nonghyup Card, does not want the punishment of the defendant, and the damage amounted to approximately KRW 75,000.

However, in full view of the fact that the Defendant was punished for the same kind of crime, and the Defendant again committed the instant crime within the grace period after being sentenced to a two-year suspended sentence for larceny on April 8, 2015, which was sentenced to imprisonment with prison labor for six months by larceny, etc., and the Defendant did not recover from any damage to the vehicle and farm due to the Defendant’s non-licensed driving, and other circumstances that are the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, behavior, environment, family relationship, and circumstances after the crime, the lower court’s sentence is too unreasonable.

Therefore, the above unfair argument of sentencing by the defendant and his defense counsel is without merit.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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