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(영문) 창원지방법원 2017.01.19 2016노2660
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the original judgments (No. 1: imprisonment with prison labor for 1 year and 6 months, and a fine of 8 million won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no particular difference between each of the original trials and the sentencing sentencing conditions per party. In full view of each of the factors indicated in the lower judgment, including the background of each of the instant crimes, the degree of damage, the circumstances after the crime, the Defendant’s previous conviction, etc., the sentencing of each of the lower courts was too heavy or unfilled and exceeded the reasonable scope of discretion.

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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