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(영문) 창원지방법원 2018.05.30 2018노192
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (one year in imprisonment with prison labor for the court below);

2. Determination

A. Under our criminal litigation law taking the trial-oriented principle and the principle of directness, where there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

B. The lower court rendered a sentence within the sentencing criteria by comprehensively taking into account the following factors: (a) the Defendant led to the confession of each of the instant crimes; (b) the victim C did not want the Defendant’s punishment; (c) the victim C had a family member to support the Defendant; and (d) the fact that the majority of the victims occurred due to each of the instant crimes; and (c) the Defendant’s age, sex, environment, circumstances after the commission of the crimes; and (d) other factors of sentencing, including the circumstances after the crime.

(c)

The grounds for the court below's improper sentencing alleged by the defendant appear to have been sufficiently considered in determining the punishment against the defendant, and the above conditions of sentencing 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.

The defendant's argument of sentencing is without merit.

3. The defendant's appeal is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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