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(영문) 창원지방법원 2017.04.27 2016노3240
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence to eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant made a confession of the crime, the defendant partially repaid the amount of damage, the agreement with the victim, the health of the victim, etc.; (b) there are favorable reasons for sentencing; (c) there are three previous convictions in the court below; (d) one of them was sentenced to punishment; and (e) the other unfavorable reasons for sentencing, such as the fact that there are three previous convictions in the case of this case; and (e) the other unfavorable reasons for sentencing, such as the defendant's age, family relation, economic situation, circumstances leading to the crime and motive; and (e) all other matters concerning the sentencing as indicated in the records and changes theory of this case, the punishment of the court below is judged to be appropriate; and (e) there are no changes in circumstances to the situation

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. It is so decided as per Disposition.

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