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(영문) 수원지방법원 2016.10.27 2016노1390
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the defendant's grounds for appeal (unfair form of punishment) that the defendant raises young children, has difficulty in economic circumstances, and is endeavoring to change damage, etc., the sentence of the court below that sentenced the community service order for two years and one hundred and sixty hours of suspended execution in October is too unreasonable.

2. In light of the nature of the crime of this case, it is not good for the judgment to commit the crime of this case, and the defendant has the power of criminal punishment due to the same kind of crime, and the victim's damage compensation has not been properly made up to the trial of the court. In light of the motive and background of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and conduct, and the environment, the court below's punishment cannot be deemed to be too unreasonable even considering the circumstances alleged in the grounds for appeal. Thus

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. It is so decided as per Disposition.

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