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(영문) 수원지방법원 2017.01.13 2016노7025
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is contrary to the recognition of the crime of this case, and the defendant has no record of being punished in excess of the amount of punishment or fine prior to the crime of this case, etc. are the conditions for sentencing favorable to the defendant.

However, in full view of all the circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the crime of this case, the crime of this case was committed by deceiving approximately KRW 180 million in total from the injured party for one year and eight months, and the nature of the crime was inferior; the Defendant failed to recover from the damage by agreement with the injured party until the injured party has passed since a considerable period of time after the crime was committed; and other circumstances, which are the conditions for sentencing specified in this case, such as the Defendant’s age, sex, environment, family relationship, etc., the lower court’s punishment is too unreasonable; thus, the Defendant and his defense of the above unfair sentencing by the defense party

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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