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(영문) 창원지방법원 2018.01.31 2017노3266
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Improper sentencing on the summary of the grounds for appeal (the allegation of mental or physical disorder was withdrawn on the first trial date)

2. The lower court determined that the sentence was imposed by comprehensively taking account of the unfavorable circumstances, such as the fact that the criminal was committed during the period of the same repeated crime, the fact that the damage was not recovered, and the equity in the case of concurrent judgment with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as indicated in the judgment, and other factors such as the Defendant’s age, sex, environment, motive and circumstance of the crime

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

Considering the fact that the defendant is against the defendant and the amount of damage is a small amount, the sentencing conditions mentioned above have been significantly changed in the trial.

It is difficult to see the above sentencing, and when considering the above sentencing as a whole, it cannot be deemed unfair because the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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