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(영문) 수원지방법원 2015.05.21 2015노1719
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s judgment is favorable to the Defendant, such as the following: (a) the Defendant committed the instant crime due to economic difficulties; (b) part of the victim X’s damage was recovered; (c) the victim X did not want to be punished against the Defendant; and (d) the Defendant should take into account equity with the anticipated sentence when the Defendant was punished together with the instant crime and the judgment.

However, even before the crime of this case is committed, the defendant has a majority of the records of criminal punishment by acquiring prepaid money as a similar method, and the defendant has a poor quality of the crime such as deceiving victims in many entertainment taverns, etc. for a long time and repeatedly taking the prepaid money, and even though the amount obtained by the defendant is reasonable, the damage suffered by the victims is not recovered most recently, and it is difficult to see that the defendant is divided into or against the truth by taking into account all kinds of sentencing conditions such as the defendant's age, character, conduct and environment, etc., and it is difficult to see that the sentencing of the court below is too unreasonable. Thus, the above argument by the defendant 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 ground that it is without merit. It is so decided as per Disposition.

However, the 2nd '2013 out of the facts of the judgment of the court below

5. Since it is apparent that “23.....” is a clerical error in the text of May 23, 2013,” it shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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