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(영문) 수원지방법원 2018.04.13 2017노9549
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The lower court sentenced the Defendant to one year of imprisonment, taking into account all the favorable circumstances of the Defendant and the unfavorable circumstances, namely, the fact that the Defendant did not have any criminal record exceeding the fine and partly repaid the amount of the damage, while the Defendant did not agree with the victim, and the amount of the defrauded money was large.

In full view of the facts on which the sentencing is conditional and the applicable sentences, the sentencing of the court below exceeded the reasonable bounds of its discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

In addition, considering the circumstances and results of the instant crime, the sentence imposed by the court below is too appropriate and too unreasonable, even in light of the defendant's age, sex, family relationship, etc. after the instant crime.

This part of 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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