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(영문) 창원지방법원 2016.08.11 2016노954

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment of the original judgment (two years of suspended sentence in the month of imprisonment with prison labor for eight months), the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. In light of the following: (a) the number of crimes has been repeatedly committed; (b) the fact that the nature of the crime is inferior; (c) the amount of damage is not a certain amount of KRW 24860,00; (d) the victim did not recover from damage; and (e) the victim’s wished to be severe punishment is an unfavorable sentencing ground; and (c) the defendant has no criminal conviction for the same type; and (d) the defendant must consider equity in the case of judgment simultaneously with

The judgment of the court below is reasonable, since the defendant and the prosecutor's assertion are without merit, in full view of all the above sentencing factors, including the defendant's age, sexual conduct, circumstances before and after the crime, and other matters regarding the sentencing mentioned in the records and arguments of this case.

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