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(영문) 수원지방법원 2017.09.14 2017노4936
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The fact that the Defendant recognized all of his criminal acts and the amount of damage is relatively minor is favorable to the Defendant.

However, the crime of this case is committed by the defendant two times without the intention to pay the price, by taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, sexual behavior, environment, motive and circumstances leading to the crime, and circumstances after the crime, etc., the sentencing of the court below is too excessive and it cannot be deemed unfair because it is difficult to view that the sentencing of the defendant is too unfair because it is too unreasonable, considering all all the sentencing conditions indicated in the records of this case, considering the following as a whole: the crime of this case was committed with the same kind of crime, criminal punishment has been imposed over several times due to the crime of fraud, interference with business, and the crime of this case was committed with the same kind of crime; in particular, the crime of this case was committed with the imprisonment for six months after the release, but it is still difficult to say that the defendant's aforementioned assertion was committed again after the release.

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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