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(영문) 수원지방법원 2014.08.28 2014노3603
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal presented the argument about mental disorder in the statement of grounds for appeal, but withdrawn on the first trial date.

The sentence of the lower court (four months of imprisonment) is too unreasonable.

2. Determination is based on the following factors: (a) the Defendant’s mistake recognized by the lower court is against the Defendant; (b) the amount of damage was not significant; (c) the Defendant repaid the amount of damage to the Defendant; and (d) the victim agreed smoothly; (c) the Defendant continued to commit the same kind of crime against small merchants; (d) the Defendant committed the instant crime again during the period of repeated crime due to the same criminal record, etc.; and (e) the Defendant’s age, character and behavior, environment, circumstances of the crime, means and consequence of the crime; and (e) all the sentencing conditions indicated in the instant records and arguments, including the circumstances after the crime, are too unreasonable

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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