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(영문) 창원지방법원 2018.09.19 2018노1561

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the punishment of the court below shall be sentenced to nine months);

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

B. The lower court rendered a sentence by taking account of the following factors: (a) the Defendant committed each of the instant crimes during the period of repeated crime resulting from the same crime; (b) the degree of damage and the recovery of damage therefrom; (c) the Defendant did not have any record of the same crime; and (d) the Defendant had much record of committing all the instant crimes; and (e) the Defendant was committed at the time of and against the commission of the crime; and (e) other various sentencing conditions specified in the records and arguments, including the Defendant’s age, sexual behavior, environment, motive

(c)

The reason for the court below's improper sentencing, as claimed by the prosecutor, seems to be the reason for the court below's determination of the defendant's punishment, and the above conditions of sentencing changed otherwise.

There is no circumstance to see (the defendant agreed with the victim C in the trial) and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.