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(영문) 수원지방법원 2016.08.17 2016노3646
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant reflects the offense, and there is no criminal record other than a fine for negligence once around 1978.

However, the defendant, by deceiving the victim, obtained a large amount of 15 million won in total, and did not recover the damage, and there is no good way to commit the crime, so punishment is required accordingly.

In addition, considering all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. Where an appeal is filed against a judgment of conviction on the part of the lower court’s compensation order, the compensation order is transferred to the appellate court along with the Defendant case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). According to the record, the Defendant filed an appeal against a judgment of conviction. However, although the Defendant did not state the grounds for appeal regarding the part of the compensation order among the lower judgment’s petition of appeal and the reason for appeal submitted by his defense counsel, and even if ex officio examination is conducted, the part of the lower judgment regarding the compensation order cannot

4. 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. It is so decided as per Disposition.

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