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(영문) 수원지방법원 2017.06.01 2017노1877
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant crime again during the suspended execution period due to the same type of fraud, etc. The date and time of committing the instant crime is the period during which the Defendant was tried to commit a separate special larceny, and the crime is considerably poor, and the Defendant did not agree with, or did not recover from, the victim is disadvantageous to the Defendant.

On the other hand, the fact that the defendant confessions his criminal act and the amount of fraud is relatively large is favorable to the defendant.

As above, the lower court appears to have determined the punishment in consideration of various favorable and unfavorable circumstances to the Defendant, and there is no special change in the depth of the case.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, it is difficult to view the sentencing of the court below is too heavy or unreasonable since it is difficult to view the sentencing of the court below as unfair. Therefore, each of the above arguments by the defendant

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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