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(영문) 창원지방법원 2016.05.12 2016노175
사기등
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of one year and two months, additional collection of 3,354,200 won) is too unreasonable.

2. The fact that the judgment of the defendant led to confession of the facts constituting the offense and reflects it, and that there is no previous conviction exceeding the fine is favorable to the defendant.

However, in full view of the various circumstances, including the Defendant’s age, environment, sex behavior, motive for the crime, and circumstances before and after the crime, etc., the lower court’s punishment is too unreasonable, and thus, cannot be deemed unfair, considering the following circumstances: (a) the Defendant was sentenced to a fine of KRW 5 million as a crime of fraud, which is a crime of the same kind in 2011; (b) the Defendant committed each of the instant crimes; and (c) there is no special change in the trial; and (d) the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, which are the conditions for the punishment specified in the records and arguments of the instant case.

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. As to the burden of litigation costs arising from the trial of the party, Articles 191 (1) and 190 (1) of the Criminal Procedure Act shall be applied. It is so decided as per Disposition.

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