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(영문) 수원지방법원 2019.02.13 2018노8044
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant is against the crime of this case, that the amount of fraud is not relatively large, that all the victims were returned, that the above victim does not want the punishment of the defendant under an agreement with the victim of the damaged crime, and that he must support the minor child together with his spouse.

However, in light of the fact that the Defendant received juvenile protective disposition several times due to the crime of fraud, and the Defendant committed each of the instant frauds on three occasions without being aware of even though he was in the period of repeated crime due to fraud, etc., and committed property damage and damage during trial due to each of the above frauds, and the motive for committing each of the instant frauds in order to raise money for gambling, which is not good for the commission of the crime, and that there is no good motive for committing each of the instant frauds in consideration of the circumstances that are already favorable to the Defendant at the lower court, and that there is no special circumstance or change that may be newly considered in sentencing after the sentence of the lower court, and that there is no other circumstance or circumstance that is a condition for sentencing, such as the Defendant’s age, character and behavior, environment, circumstance of the crime,

Therefore, the defendant's 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 ground that it is without merit. It is so decided as per Disposition.

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