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(영문) 창원지방법원 2017.06.08 2016노2085

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is reasonable in light of the following: (a) the defendant's mistake is recognized, the defendant is against the law; (b) there are no records of punishment exceeding the same kind and fine; (c) some of the motive of the crime of this case is recognized as having some circumstances to be taken into account; (d) the amount of defraudation caused by the crime of this case is not significant; and (e) the damage to the victim is not recovered; and (e) there is no change of circumstances that may otherwise determine the court below and the punishment; and (e) other matters concerning the punishment as indicated in the records and arguments of this case are comprehensively taken into account the defendant's age, sexual behavior, environment, family relationship, economic situation, circumstances leading to the crime, and motive

3. In conclusion, 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.