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(영문) 수원지방법원 2016.10.06 2016노4450 (1)
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the Defendant and the defense counsel (e.g., the fact that the Defendant recognized the mistake of the Defendant and reflects it, the amount of fraud is not so large that the damage of the perpetrator is not limited, and efforts were made to change the damage, etc., the sentence of the lower court that sentenced 10 months of imprisonment is too unreasonable.

2. In full view of the circumstances asserted in the grounds of appeal, the lower court’s punishment is not to be mitigated, taking into account the following factors: (a) the Defendant committed each of the instant offenses during the period of repeated crime for the same crime; (b) the history of criminal punishment is possible; and (c) the lower court sentenced a sentence lower than the recommended punishment by taking into account the circumstances where the victim F expressed his/her intention not to punish the victim F, even though in the first instance, the sentence of the lower court is not to be mitigated in consideration of sentencing; and (d) the Defendant’s age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc.; and (e) taking into account the circumstances asserted in the grounds of appeal, the lower court’s punishment is not to be deemed unreasonable, and thus, the aforementioned

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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