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(영문) 수원지방법원 2017.10.20 2017노5699
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced the Defendant to six months of imprisonment in consideration of the circumstances favorable to the Defendant and unfavorable circumstances, and the sentencing guidelines of the Supreme Court sentencing committee [the scope of the recommended punishment from six months to one year and six months] [the scope of the recommended punishment] of the basic area (six months to one year and six months) (one year and six months) of the basic area (the scope of the recommended punishment is less than one hundred million won).

In full view of the factors that serve as the conditions for sentencing in the trial, in particular, the fact that most of the victims' damage has not been recovered, the form of the body, and the sentencing guidelines, the judgment of the court below exceeded the reasonable scope of discretion.

There is no circumstance that it is 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 defendant's age, sex, environment, circumstances, and result of the crime, etc. are considered, the sentence of the court below is proper and too unreasonable.

Therefore, 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 for conclusion is without merit.

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