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(영문) 수원지방법원 2016.06.02 2015노7727
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case, the defendant appears to have paid part of interest on the loan to the victim F, and the victim revoked the complaint to the defendant at the court below.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, and family relationship, the sentencing of the lower court is too unfair, and thus, cannot be deemed unfair, in light of the following: (a) the Defendant did not pay his/her debt in the trial at the time of revocation of the above complaint; (b) the Defendant did not pay his/her debt; and (c) the Defendant did not pay the victim’s wage; and (d) the Defendant was punished by strict punishment; (b) the Defendant had the history of being sentenced to criminal punishment on several occasions, including one occasion of punishment for the same crime of fraud; and (c) the Defendant had the history of being sentenced to criminal punishment on several occasions, such as the Defendant’

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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