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(영문) 창원지방법원 2019.06.19 2019노436

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable;

2. The lower court, based on the favorable circumstances, sentenced the Defendant to the lower sentence based on the sentencing guidelines set by the Supreme Court’s sentencing guidelines, considering the following: (a) the fact that the Defendant led to the confession of the crime; (b) the return of a part of the defrauded amount; (c) a part of the victim did not want punishment against the Defendant; and (d) the Defendant committed the same type of crime during the period of repeated crimes; and (c) the Defendant committed the crime during the period of repeated crimes.

In light of the fact that the defendant paid damages to the victim AA in the appellate trial, the punishment determined by the court below in full view of the above sentencing conditions shall be deemed to have been made within the reasonable scope of discretion and shall not be deemed to have been excessively unreasonable.

Therefore, the defendant's assertion is not accepted.

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