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수원지방법원 2019.02.15 2018노8013
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and two months of imprisonment) by the lower court is too unreasonable;

2. The lower court sentenced the Defendant to one year and two months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of such factors as the conditions for sentencing in this court: (a) the Defendant committed an Internet sales fraud against many and unspecified persons over a number of times, and the damage therefrom has not been recovered; (b) the commission of the instant crime is very bad by forging an application for subscription to pay a small amount with mobile phones under the name of another; and (c) the Defendant committed the instant crime only once after the execution of the sentence was completed due to the same type of crime; or (d) the judgment of the court below was deemed to have exceeded the reasonable bounds of discretion; or (e) the Defendant’s maintenance of the judgment of the court’s sentencing is unreasonable.

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.