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(영문) 창원지방법원 2016.01.14 2015노1556

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is that the defendant led to confession and reflects on the facts of the crime when the defendant was in the trial, and that the defendant was receiving an anti-cam cancer treatment, but it is recognized that the defendant has a majority of the criminal records of the same crime (including one time, one time, and two times of suspension of execution), and thereby, the defendant committed the crime of this case during the repeated crime period, the amount of damage is not specified as KRW 30 million, and the defendant agrees with the victim or compensates the victim for damage from the court below to the trial, but no measure has been taken, and the court below determined the punishment in consideration of all the circumstances, and there is no special difference other than the defendant's criminal facts in the trial, and there is no other special difference in circumstances other than the defendant's age, sexual behavior, environment, etc., it is not recognized that the sentence of the court below is unfair because it is too excessive.

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.