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(영문) 수원지방법원 2017.05.19 2017노1485
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. However, there are extenuating circumstances for the Defendant, such as the fact that the Defendant recognized each of the crimes of this case and divided his mistake, and that the amount of defraudation caused by the fraud of this case is not so big, and that the damaged goods caused by the theft of this case were returned to the victim, etc.

However, the Defendant has already been punished several times for the same crime as in the instant case, and the Defendant committed each of the instant crimes within a short period without being aware of the end of the execution of the sentence on November 6, 2016, without being aware of the end of the repeated crime period. Taking account of the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and other various circumstances that form the conditions for the sentencing indicated in the record, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

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

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