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(영문) 의정부지방법원 2018.01.08 2017노3210
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (4 months of imprisonment) is too unreasonable.

2. The fact that it appears that the criminal intent of deceptionation is relatively not firmly established is favorable to the defendant, and the fact that the defendant led to the conviction of the crime and paid 2 million won to the victim for the repayment of damage, etc. is favorable to the defendant.

However, the victim's severe punishment is the defendant because the damage has not been recovered properly and the victim failed to obtain a letter of tolerance.

In addition, considering various conditions of sentencing indicated in the record, such as the background of the crime, the circumstances after the crime, the age of the defendant, and the sexual conduct, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and is dismissed under Article 364 (4) of the Criminal Procedure Act (Provided, That in accordance with Article 25 (1) of the Regulation on Criminal Procedure, the defendant's appeal is corrected as " June 21, 2016" and "25,985,480" in the list of crimes in Chapter 6 as "25,985,170", and "25,985,170" under Article 25 (1) of the Regulation on Criminal Procedure.

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