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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.01.29 2015노6810
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. There are extenuating circumstances that can be considered favorable to sentencing, such as the fact that the defendant acknowledges and reflects the crime, and is in an economically difficult situation.

However, there are many circumstances that are disadvantageous to sentencing, such as the fact that the defendant had been sentenced to imprisonment several times for the same crime, that the defendant committed again during the period of repeated crime for the same crime, that the victim C submitted a letter of withdrawal before the judgment of the court below, although the defendant submitted the letter of withdrawal of the complaint before the judgment of the court below, it is not the purpose of the defendant's genuine application, but is placed in a very difficult situation because the damage is not actually recovered, that there are other victims, and that the nature of the crime is very poor

In this context, considering the following factors: Defendant’s age, environment, motive, means and consequence of the commission of the crime, various sentencing conditions, such as the circumstances after the commission of the crime, and the fact that the lower court has determined the punishment within the scope of the recommended sentencing guidelines, the sentence imposed by the lower court 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.

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