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(영문) 수원지방법원 2018.09.12 2018노4242
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is a favorable condition for the following reasons: (a) the defendant repents his mistake and reflects his mistake; and (b) there is no record of punishment for the same kind of crime.

However, in full view of all sentencing conditions of the instant case, such as the Defendant’s age, sex, environment, circumstance and consequence of the instant crime, etc., the lower court’s punishment is too excessive and unreasonable, and thus, it is not recognized that the Defendant’s above assertion is too unreasonable, on the ground that the Defendant’s punishment is too too too too too unreasonable, since the Defendant’s punishment is too excessive, the victim did not repay the victim’s damage to the present time despite his serious economic difficulties due to the instant crime. The victim wanted to pay the Defendant a severe punishment, the victim appears to have taken into account the circumstances favorable to the Defendant in the lower court, and there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment was rendered.

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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