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(영문) 창원지방법원 2015.06.04 2015노777
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflected his mistake.

However, the crime of this case is a case in which the defendant deceivings the victims to receive alcohol and speech, etc., and the defendant was sentenced to one year and six months of imprisonment on May 24, 2013 due to habitual fraud on July 4, 2014, and committed the crime of this case only two times after release even if he had completed the execution of the above punishment on July 4, 2014, and was repeated period, and again committed the crime of this case. The defendant had the record of punishment several times for the same crime in the past, and the defendant did not submit any specific data about the recovery of victims' damage until the trial. In addition, considering the following circumstances and circumstances, there is no special circumstance or change that can be newly considered in sentencing after the sentence of the court below, the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence of this case and the sentencing indicated in the records of this case cannot be deemed to be unduly unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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