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(영문) 수원지방법원 2015.10.16 2015노4586
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. There are extenuating circumstances in regard to sentencing, such as the fact that the defendant acknowledges and reflects the crime, and that the defendant committed the crime in an economically difficult situation, etc.

However, there are many circumstances that are disadvantageous to sentencing, such as the fact that the crime of this case by deceiving a mobile phone by means of stealing another person's resident registration certificate and using it unlawfully and forging documents under another person's name is very poor, the defendant has a number of criminal offenses including the same larceny criminal records, and the victim of fraud wants to punish.

In this context, considering various sentencing conditions, such as Defendant’s age, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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