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(영문) 수원지방법원 2012.12.13 2012노4845
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months) is too unreasonable.

2. It is recognized that the defendant led to confession and reflects the crime of this case, and that the defendant agreed with the victim G at the court below.

However, on May 19, 2010, the Defendant committed the instant crime without being sentenced to six months of imprisonment for fraud in the Suwon District Court, which was sentenced to imprisonment on April 7, 201, when the enforcement of the sentence was completed on April 7, 2011, and was in the period of repeated crime, and the Defendant committed the instant crime without being subject to criminal punishment, other than the Defendant, several times of criminal punishment for the same crime, and the Defendant was arrested three times as a flagrant offender with infinite awareness during the day on July 28, 2012. As such, the Defendant’s awareness of compliance seems to be very low, taking into account all the sentencing conditions such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it cannot be deemed unfair for the lower court to have excessively neglected

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

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