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(영문) 수원지방법원 2018.06.15 2018노2229
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized his/her mistake and reflects it; (b) the defendant partially recovered the damage to the victim; and (c) the defendant has no record of punishment.

Meanwhile, in light of the method of the instant crime and the amount of damage, etc., the nature of the crime was not good, the considerable part of the damage was not recovered, and the fact that the Defendant did not agree with the victim is disadvantageous to the Defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s punishment is unfair because it is too large, in light of the fact that there are no special circumstances that may be assessed differently from the sentencing conditions of the lower court.

Therefore, the defendant's above assertion 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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