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(영문) 수원지방법원 2018.08.24 2018노3880
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced the Defendant to three months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

The judgment of the court below exceeded the reasonable bounds of discretion in full view of the facts that are the conditions of the sentencing in this court, especially the fact that the defendant has been punished several times for the same kind of crime, the fact that the defendant committed the crime of this case during the period of repeated crime and the punishment for the same crime, etc.

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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