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(영문) 창원지방법원 2018.11.08 2018노1577
사기
Text

The defendant's appeal is dismissed and the application of the applicant for compensation is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (ten months of imprisonment) is too unreasonable.

2. Even if the Defendant’s decision considered the circumstances of internality on the grounds of appeal, the lower court appears to have determined the sentence within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The defendant's assertion that the sentencing of the court below is unfair shall not be accepted.

3. As the Defendant’s appeal is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. An applicant for compensation order filed in the trial of the court below for the same reason after the application for compensation order filed in the trial of the court below was rejected, and thus, the application is dismissed in accordance with Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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