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(영문) 창원지방법원 2017.10.11 2017노2209
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. The judgment below set the sentencing guidelines of the Supreme Court sentencing committee (one year and six months) by comprehensively taking into account the following factors: (a) the defendant has a depth of and reflected against his mistake; (b) the money that the defendant was arrested and stolen in the course of receiving money was returned to the victim; and (c) the crime of this case was committed in a systematic and planned manner at a disadvantage that the crime of this case is considerably significant in light of the applicable methods and contents, etc.; and (d) other conditions of various sentencing as shown in the records and arguments, including the motive, means and result of the crime of this case; (b) the circumstances after the crime of this case; (c) the defendant's age, sexual behavior; and (d) the defendant's intelligence and environment, etc.;

The grounds for the improper sentencing (absents, reflects, etc.) alleged by the Defendant and the grounds for the improper sentencing (absents, etc., as claimed by the Prosecutor) alleged by the Prosecutor are considered to have been sufficiently considered in determining the punishment against the Defendant. Unlike the above, the above conditions of sentencing have changed.

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.

All the arguments of the defendant and the prosecutor are 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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