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(영문) 창원지방법원 2019.02.21 2018노2838

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (two months of imprisonment with prison labor for a maximum period of eight months and a short-term of six months) against the accused as to the summary of the grounds for appeal is unreasonable.

2. Determination takes into account the fact that the defendant is a juvenile of 18 years of age who is a juvenile and has committed a mistake, and that the defendant has agreed with the defraudeds, etc. However, the defendant is considerably able to be subject to suspension of indictment or juvenile protective disposition for the same kind of crime, and the crime of this case is committed under the name of another person by forging or using documents under the name of another person, by deceiving his/her mobile phone, or continuously driving a vehicle with another person's driver's license and continuously driving the vehicle without a license, and all other conditions of sentencing as shown in the records and arguments, such as the defendant's character and behavior, environment, criminal history, and circumstances after the crime, etc., it cannot be said that the sentence imposed by the court below is too

Therefore, the defendant's assertion is without merit.

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. It is so decided as per Disposition.