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(영문) 수원지방법원 2016.03.25 2015노7122
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is against the defendant's acknowledgement of the crime of this case, and the part of the crime of this case [2015 senior group 1773] in the judgment of the court below was agreed with the victim at the investigation stage. Of the crime of this case [2015 senior group 1869] in the judgment of the court below, the defendant and the accomplice can be deemed to have paid some of the money (Evidence No. 10 to 15 of the evidence record, N appears to have agreed with the victim).

However, considering the following factors: (a) the Defendant forged a private document, and there has been a history of punishment several times of fraud in the law by which money is acquired through the use of the document, (b) the amount acquired by the Defendant reaches a considerable amount of money, (c) the damage has not been restored to a considerable portion of damage, and (d) other various sentencing conditions such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, the punishment imposed by the lower court is too unreasonable.

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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