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(영문) 수원지방법원 2018.02.21 2017노9047
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced the Defendant to six months of imprisonment, taking into account the circumstances favorable to the Defendant, favorable to the Defendant, and the sentencing guidelines recommended by the Sentencing Committee.

In full view of the following factors: (a) the sentencing conditions in the trial; (b) the Defendant, in particular, ordered the victim to pay additional KRW 19,50,000 to the injured party in the trial; (c) the Defendant did not reach an agreement with the injured party until now; and (d) the sentencing judgment in the lower court exceeded the reasonable bounds of discretion, in full view of the fact that no agreement has been reached with the injured party and the sentencing guidelines

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. 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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