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(영문) 수원지방법원 2018.01.12 2017노8099
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the Defendant recognized his mistake and reflected against the Defendant is favorable to the Defendant.

Meanwhile, even though the defendant had been sentenced two times to imprisonment with prison labor for a crime including fraud, he again commits the crime of fraud in this case during the period of repeated crime, the amount of fraud in this case is not so big, and even after considerable period has elapsed from the date of the crime, damage recovery or agreement has not yet reached even though it had been punished several times due to non-licenseless driving or drinking driving, and again commits the crime of non-licenseless driving and drinking driving in this case even though he had been punished several times, and the crime is not less vulnerable to the defendant, such as that he stolen another person's signature to conceal his own crime and falsely notifies his personal information.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too unreasonable as it is too unreasonable in light of the sentencing conditions indicated in the record.

Therefore, the defendant's above assertion is without merit.

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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