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(영문) 창원지방법원 2014.07.16 2014노1109

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment of the Defendant is a favorable condition to the Defendant for the following reasons: (a) the Defendant recognized the instant crime; and (b) the amount of damage was approximately KRW 50,000; and (c) the amount was relatively small.

However, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Changwon District Court on October 18, 2013 and completed the enforcement of the sentence on March 2, 2014, and subsequently committed the instant crime on March 2, 2014, despite the lapse of the repeated crime period; the Defendant repaid to the victim or did not agree with the victim; the lower court appears to have determined the sentence by fully taking account of the circumstances favorable to the Defendant; and the lower court did not change any circumstances that could have different from the judgment of the lower court; and in full view of other various circumstances, including the Defendant’s age, character and conduct, environment, and circumstances after committing the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it is too unreasonable.

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