beta
(영문) 창원지방법원 2014.04.09 2014노350

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to the Defendant (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the court below is based on the following circumstances: (a) the defendant recognized the crime of this case as a person of distinguished service to the person of distinguished service; (b) the victim was a child of a person of distinguished service to the State; (c) the victim did not want the punishment against the defendant by mutual consent with the victim; and (d) the victim was relatively low; (c) the defendant was sentenced several times as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) by thefting an envelope by means of pretending to the marriage, etc.; (d) the defendant committed the crime of this case within the repeated period; (e) the crime was planned and organized; (e) the crime was committed in a planned and systematic manner; and (e) other various circumstances, which form the conditions for sentencing specified in the records and arguments of this case, such as age, character and behavior, environment, motive and circumstance of the crime;

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.