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(영문) 수원지방법원 2018.12.14 2018노5485
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence for three months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to a suspended sentence of one year for three months, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the matters to be the conditions of the sentencing in this Court, in particular, the amount of damage and the applicable sentences, etc., the sentencing of the court below exceeded the reasonable bounds of its discretion even considering the fact that the victim intentionally caused the instant crime, and that the amount of damage was recovered most.

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 if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

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 for conclusion is without merit.

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