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(영문) 수원지방법원 2014.11.20 2014노5220
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserted the mental and physical disorder as the grounds for appeal in the statement of grounds for appeal, but withdrawn from the date of the first instance trial.

The sentence of the court below against the accused (one year of imprisonment) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the Defendant’s mistake is divided, and the amount of damage in this case belongs to a relatively small part, the Defendant has been sentenced to imprisonment in 201 for fraud in 201 and imprisonment for 1 year and 2 months in 2011, and 8 months in 201 for fraud, which has been punished several times due to habitual fraud; the crime in this case is committed during the period of repeated crime; the Defendant cannot find out the circumstances in which he has endeavored to recover damage; and there are no other circumstances in which the Defendant has made efforts to recover damage; the lower court’s age, character and behavior, environment, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, it cannot be said that the sentence imposed by the lower court is heavier.

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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