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(영문) 수원지방법원 2018.12.17 2018노6212
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of all the facts charged on the premise that each of the above D’s application for admission to a mobile phone related to each of the crimes in the case of 2016 Go-soon 2912, on the premise that the Defendant did not consent of the above D’s application for admission, and that all of the facts charged were found guilty on the premise that the above D’s consent was not obtained.

B. The sentence of the lower court’s improper sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant's assertion that the court below erred in misconception of facts in the judgment below which found the defendant guilty of all the charges since the defendant's application for admission to a mobile phone under the name of D without obtaining D's consent can be sufficiently recognized. Thus, the above assertion is without merit.

B. The Defendant appears to have committed a crime other than each of the crimes alleged to be erroneous in sentencing, and all of the remaining crimes, other than the crimes alleged to be erroneous. The fact that the Defendant agreed with the victims of some of the crimes, or that some damage was recovered, etc. are favorable to the Defendant.

However, in light of the contents of each of the crimes in this case, the details of each of the crimes in this case, and the defendant repeats the similar crimes within the short period, and a considerable number of crimes have been committed during the trial due to some of the crimes, etc., the defendant's compliance consciousness is very weak and the punishment for the defendant is very weak, and it is inevitable to punish the defendant significantly.

The defendant has already been charged for the same kind of crime, and this is different from the records of each crime of this case.

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