beta
(영문) 창원지방법원 2016.04.07 2016노84

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unaffortable due to the punishment sentenced by the court below (one year and four months of imprisonment), and the prosecutor asserts that it is too unaffortable and unfair.

2. The court below decided that the defendant's punishment was determined by taking full account of the circumstances surrounding the sentencing as stated in detail on the grounds of the sentencing, and that it is within the reasonable scope.

In addition, there is no circumstance that can be newly considered in the court room. Thus, the punishment imposed by the court below is too heavy or unthring so it does not seem unfair.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition (Article 36(1) of the Criminal Procedure Act on the ground that the law of the court below is applied.

1. Since Article 62-2 of the Criminal Procedure Act is apparent that “the protection and observation and community service order” is an error entry, it is to be corrected to delete it ex officio under Article 25(1) of the Regulation on Criminal Procedure.