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(영문) 수원지방법원 2018.02.09 2017노9312
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant divided and reflected his mistake, and that the court below agreed to pay the victim KRW 30 million.

On the other hand, the defendant has been punished several times due to the same crime, in particular, the fact that the defendant committed the crime of this case when he commits a repeated crime due to the same crime, and the fact that the amount of the fraud is not much specified, are disadvantageous to the defendant.

In addition, when considering all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

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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