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(영문) 수원지방법원 2019.09.27 2019노3820
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced the Defendant to six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that serve as a condition for sentencing in the trial, in particular, that the damage was recovered to the trial before the trial, that did not reach an agreement with the victim, and that the sentencing judgment of the court below exceeded the reasonable bounds of discretion, or that it is deemed unfair to maintain the sentencing judgment of the court below as it is, no circumstance exists, such as where it is deemed unfair.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is proper, and it is not recognized that it is unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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