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(영문) 수원지방법원 2018.02.09 2017노8874
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced eight months of imprisonment, taking into account 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 punishment] of the category 1 (less than KRW 100,00) and the aggravated area (six months to one year and six months) of the aggravated area (less than KRW 100,00) (one year and six months).

In full view of the facts that are the conditions for sentencing in the trial, in particular, after being sentenced to a stay of execution for the same kind of crime, the same crime has been committed three times before the judgment becomes final and conclusive, and the fact that the instant crime has been committed again within 13 days after the judgment becomes final and conclusive, the sentencing judgment of the court below exceeded the reasonable scope of 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 assertion 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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