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(영문) 수원지방법원 2016.03.25 2016노135
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant, who did not have a previous criminal record, recognized the instant crime, and the fact that the instant crime was committed in the attempted crime.

However, in light of the fact that the crime of Bosing, in which the defendant was involved, the method of committing the crime is organized, planned, intelligent, intelligent, and undiscriminatory and serious damage to many and unspecified persons, and the trust relationship in the whole society also has a serious adverse effect on the trust relationship, etc., there is a need to eradicate the harm through strict punishment, and the role of the defendant is essential in the above crime by delivering the money acquired through deception, and it is essential in the above crime. In addition, considering various sentencing conditions such as the defendant's age, sex, sex, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, the punishment imposed by the court below is too unreasonable.

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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