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(영문) 창원지방법원 2014.08.21 2014노1335
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the summary of the grounds for appeal is confession and reflects by the defendant, that the amount of damage by the victim C is minor due to the act of deceitation of the defendant, and that the defendant does not agree with the victim to punish the defendant, punishment (three months of imprisonment) sentenced by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the Defendant alleged to be guilty, the Defendant had been punished several times in the past (one time of imprisonment, one time of suspended sentence of imprisonment, one time of suspended sentence of imprisonment, and eight times of fines), and the Defendant was sentenced to three years and six months by imprisonment with prison labor at the Changwon District Court on March 18, 2009, with prison labor for the crime of attempted murder, etc. on September 15, 2012 during the repeated period after the execution of the sentence was completed on May 10, 2012, and was punished by a fine even after the repeated crime was committed on February 10, 2014, and the Defendant was punished by a fine. Nevertheless, the Defendant again committed the instant crime prior to the termination of the repeated crime period, taking into account all such circumstances as the Defendant’s character, character and environment, the background and consequence of the instant crime, and the circumstances after the crime, and the sentencing conditions indicated in the records and pleadings after the crime, the allegation made by the lower court is unreasonable.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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