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(영문) 수원지방법원 2015.04.10 2015노308
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant may be considered, such as the confession and reflection of the defendant, and the fact that there is no past record of the same crime or punishment heavier than imprisonment without prison labor, etc.

However, in full view of the following circumstances: (a) the amount of damage caused by the instant crime is not a small amount; (b) the amount of damage was repaid to the victim or did not reach an agreement with the victim; (c) the lower court appears to have determined the sentence by fully taking into account the circumstances favorable to the Defendant; and (d) there was no change of circumstances that could vary from the lower court’s judgment and the punishment; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and behavior, environment, background, means and consequence of the crime

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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