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(영문) 창원지방법원 2019.10.16 2019노1450
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unreasonable.

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant committed the instant crime in favor of and against the Defendant; (b) the victim did not want the Defendant’s punishment by mutual consent; (c) the same type of crime was punished several times according to the same type of crime; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) other factors of sentencing as shown in the records and arguments, including the circumstances after the crime, etc.

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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