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(영문) 수원지방법원 2018.07.09 2017노9528
사기
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 six months, the suspension of execution of two years, and the community service work 120 hours) is too unreasonable.

2. Although there are circumstances favorable to the defendant, such as the fact that the defendant shows an attitude of recognizing and opposing the defendant's mistake, and that the balance between the case where the judgment was rendered with the final judgment and the case where the judgment was rendered is to be considered, it appears that the payment of damage has not been made up to the present day even though the sum of the acquired money was a large amount of 20 million won, and that there is no change in circumstances unfavorable to the defendant, such as the fact that the defendant did not reach an agreement with the victim, the court below's punishment has been mitigated in the first instance court, and other various sentencing conditions as shown in the records and changes theory, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., are considered in consideration of the defendant's age, sexual behavior, crime motive and consequence,

The defendant's argument of sentencing is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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