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(영문) 수원지방법원 2016.11.17 2016노6498
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal by the Defendant and the defense counsel (e.g., the Defendant’s mistake, the economic situation is difficult, the effort was made to change the damage, and the equity with the case where the judgment was rendered simultaneously with the final judgment, etc., the sentence of the lower court that sentenced six months of imprisonment is too unreasonable.

2. The nature of the crime of this case is not good, and the defendant has the power to be subject to criminal punishment due to the same kind of crime, and the damage to the victim has not been properly affected until the trial of the court below. In light of the motive and background of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior and the environment, which are conditions for sentencing, the court below's punishment cannot be deemed to be too unreasonable even considering the circumstances alleged in the grounds for appeal. Thus, the above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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