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(영문) 수원지방법원 2019.01.11 2018노2537
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The lower court sentenced the Defendant to a fine of KRW 3 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions for sentencing in this court, in particular, the mother of the Defendant partially repaid the damaged amount, but the Defendant committed the instant crime even though there had been a history of criminal punishment, including imprisonment and suspended execution, there is no circumstance that the lower court’s sentencing is deemed to have exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the lower court’s sentencing determination as it is.

In addition, even if the circumstances and results of the instant crime were to be considered after the commission of the crime, the age, character and conduct, environment, etc. of the Defendant, the sentence of the lower court is not deemed to be inappropriate because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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