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(영문) 수원지방법원 2015.01.15 2014노7063
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (four months of imprisonment) is too unreasonable.

2. The judgment is a favorable condition for the defendant that the defendant has committed a crime through a two-month period of detention, that the defendant has no criminal record for the same kind of crime, that the defendant's economic situation is not good, and that his children and his neighbors want to take the action against the defendant.

However, considering the fact that the amount of damage was not small even though the amount of damage was not small, the damage did not reach an agreement with the victim, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, etc. as shown in the records and arguments of this case, even if considering the favorable circumstances as seen earlier, the lower court’s punishment against the Defendant 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 ground that it is without merit. It is so decided as per Disposition.

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