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(영문) 창원지방법원 2017.11.01 2017노2595
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined a sentence by taking account of the fact that the nature of the crime is not good, repeated crimes of the same kind, and the fact that the person did not endeavor to recover damage.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

It is recognized that the defendant recognizes all of the crimes in the judgment of the party, is relatively old, and that it is not planned to commit each crime under the influence of alcohol.

However, these circumstances seems to have already been considered in the court below, so the sentencing conditions mentioned above in the court below have been significantly changed.

It is difficult to see it.

In light of the fact that the above sentencing, as long as the defendant returned to Korea, many crimes have been committed within a short period, and the victim is also a large number of victims, the lower court’s punishment cannot be deemed unfair due to excessive fault.

Therefore, the defendant's above assertion 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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