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(영문) 수원지방법원 2017.11.24 2017노6882
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of various circumstances, including the motive, means and consequence of the crime, the sentencing of the lower court is deemed to have been sufficiently involved in the process of deceiving the victim, and there is no change in the conditions of sentencing compared with the judgment of the lower court, and the circumstances alleged by the Defendant due to unfair reasons for sentencing are deemed to have already been reflected in the sentencing of the lower court. Even though the amount of the instant damage is reasonable, there is no particular damage recovery, and there is no agreement with the victim, and the Defendant is also deemed to have been sufficiently involved in the process of deceiving the victim’s statement and record, and the sentencing of the lower court cannot be deemed to have excessively exceeded the reasonable scope of discretion.

Therefore, the defendant's 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.

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