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(영문) 수원지방법원 2017.05.19 2017노1853
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced the Defendant to six months of imprisonment, considering the circumstances favorable to the Defendant and unfavorable circumstances, and the sentencing guidelines of the Sentencing Commission (six months to one year and six months) [the scope of the recommended sentence] of the general fraud category 1 (less than KRW 100,00) and the aggravation area (six months to one year and six months) of the aggravated area (under KRW 100,00).

When comprehensively considering the conditions for sentencing in the trial, the sentencing of the court below exceeded the reasonable scope of its discretion, and the sentencing guidelines, the sentencing of the court below exceeded the reasonable scope of its discretion.

There is no circumstance that it is 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 defendant's age, sex, environment, circumstances, and result of the crime, etc. are considered, the sentence of the court below is proper and too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 for conclusion is without merit.

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