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(영문) 수원지방법원 2016.05.26 2016노1820
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the defendant partly repaid the amount to the victim D before the judgment of the court below was rendered is favorable to the defendant.

However, the Defendant repeatedly committed the instant crime even though he/she was sentenced to criminal punishment for the same crime, and even when he/she was sentenced to criminal punishment for the instant crime, and the amount of damage caused by the instant crime exceeds KRW 70 million. The Defendant paid only the amount less than the above amount of damage, and the victim’s damage has not yet been fully recovered until now. In full view of all the sentencing conditions indicated in the instant argument, including Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., it is difficult to deem that the sentence 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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