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(영문) 창원지방법원 2018.12.28 2018노2232
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal each sentencing (the sentence of the lower court shall be punished by imprisonment with prison labor for not more than four months);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. In light of the favorable circumstances such as the fact that the Defendant recognized each of the instant offenses and against himself, there is a family member to support the Defendant, the victim H did not want the Defendant’s punishment, the partial repayment of the Defendant’s damage, treatment of gambling addiction and the need for support, the Defendant re-offending during the period of suspension of execution (the same type) during the period of suspension of execution, and the fact that the Defendant had a majority of criminal records for the same kind of crime, etc., the lower court determined the sentence by taking account of various sentencing conditions as shown in the instant records and arguments, such as the Defendant’s age, sex and behavior, environment, motive and means of the crime, and circumstances after the crime.

(c)

Although the defendant was suffering from partial damage to the victim B, such circumstance does not constitute a change in circumstances that could reverse the sentencing of the first trial in light of the defendant's power, the degree of damage, and the agreement.

In addition, the grounds for each of the unfair sentencing alleged by the defendant and the prosecutor are shown to have been sufficiently considered in determining the sentence against the defendant, and the above sentencing conditions have changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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