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(영문) 창원지방법원 2015.12.09 2015노2435

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) shall be excessively unreasonable.

2. Although there are favorable circumstances such as the confession and rebuttal of the defendant, there is a history of punishment for the same kind of crime in the past, even though the defendant had been punished several times due to the same crime, and even during the period of repeated crime resulting therefrom, the crime of this case is not good, the crime liability is also heavy, and no agreement has been reached with the victim, and there is no special reason to change the sentencing after the sentence of the judgment of the court below, the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (one to five years and July 15), and other sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered, and thus, it cannot be deemed that the punishment imposed by the court below is unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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.