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(영문) 수원지방법원 2015.07.08 2015노2294
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In light of the facts that the Defendant led to the confession and reflect of the instant crime, the fact that the Defendant partially repaid the amount of damage before the pronouncement of the lower judgment, and there are family members to support, the amount obtained by deception is not more than KRW 10,30,000,00,000,000,000,000 not yet reached the agreement with the victims up to the trial, and even after considerable time has passed since the instant crime was committed (in the process of the original trial, 120,000,000,000 won was paid before the lower judgment was sentenced to considerable time to recover damage in the process of the instant crime, and no later damage was completely recovered). Since the instant crime was committed, the circumstances after the instant crime were committed are not good, such as the fact that there was a history of sentence imposed on the victims several times, such as the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the instant crime, and all circumstances after the crime, the Defendant’s assertion of punishment is unreasonable.

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

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