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(영문) 수원지방법원 2017.01.13 2016노6388
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and four months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of various circumstances, including the following: (a) the Defendant reflects and acknowledges a crime; (b) the Defendant’s primary offender, etc. are favorable to the sentencing; (c) the amount of the instant damage reaches KRW 370,00,000; (d) the victim W did not completely recover the damage; and (e) the victim W did not have any change in the conditions of sentencing compared with the lower court’s final judgment because the new materials on sentencing were not submitted at the trial; and (e) there is no change in the conditions of sentencing compared with the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentencing process cannot be deemed unfair.

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. It is so decided as per Disposition.

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