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(영문) 창원지방법원 2017.09.28 2017노2171
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower judgment (eight months of imprisonment) is too unreasonable.

B. Prosecutor: The sentence of the lower judgment is too uneasible and unreasonable.

2. Determination is a favorable reason for sentencing, such as: (a) the Defendant’s confession of the crime and the Defendant’s confession; (b) there was no criminal record exceeding a fine; (c) the fact that there was an agreement with the victim of the crime of embezzlement of duty (the amount of damage; (d) family members to support the crime; (b) the suspension of indictment was imposed on the charge of fraud in 2013; and (c) the charge of each of the instant crimes was punished by a fine in 2015; (d) six times of a fine; (e) there was no agreement with the victim of the crime of fraud (the amount of damage KRW 39.1 million); and (e) there was no recovery of damage; and (e) there was no agreement with the victim of the crime of fraud (the maximum amount of KRW 500 million by intimidation) to commit the crime of embezzlement.

In full view of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, even if considering changes in circumstances in the trial at the time, the sentence of the lower judgment is deemed appropriate, so the Defendant and the Prosecutor’s assertion is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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