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(영문) 춘천지방법원 강릉지원 2019.10.10 2018노535
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant was committed by committing a crime and reflects the wrongness; (b) the defendant has no penalty power exceeding the fine; and (c) the victim B is not punished by the defendant.

On the other hand, the Defendant committed the instant crime by deceiving the victims who lack social experience to easily obtain money by deceiving them. In light of the motive and method of the instant crime, the victims’ age and character and behavior, etc., the victims of the age who committed the instant crime seems to have suffered serious property damage and have caused fear and fear, and the victim E, I and H did not recover from damage, and their intent to punish them are maintained, and the Defendant’s disadvantage is also recognized.

In addition, considering the following factors, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the Defendant’s assertion of unfair sentencing is rejected, on the grounds that the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion because it is too excessive.

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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