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(영문) 수원지방법원 2017.03.22 2016노7948
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because of the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. The circumstances favorable to the Defendant are the following: (a) the Defendant recognized the instant crime; (b) the Defendant agreed with the victim smoothly; and (c) the Defendant appears to have been fully recovered from the damage caused by the instant crime due to the implementation of the agreed terms.

However, taking into account the following circumstances: (a) the Defendant committed the instant crime without being subject to criminal punishment for a long period of time, while living in the same kind of crime; (b) the Defendant committed the instant crime while committing a repeated crime again; (c) the nature and criminal situation of the instant crime, which acquired a considerable amount of money from the injured party while maintaining a relationship with the injured party, while maintaining the relationship with the injured party, and (d) the Defendant’s age, sex, family environment, details of the instant crime, relationship between the Defendant and the injured party, and all of the sentencing conditions indicated in the records and changes theory, such as the Defendant’s age, sex, family environment, relationship between the Defendant and the injured party, and circumstances before and after the commission of the instant crime, it does not seem unfair because the lower court’s punishment imposed on the Defendant is too excessive. Therefore

3. In conclusion, 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. It is so decided as per Disposition.

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