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창원지방법원 2018.11.21 2018노2112
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (the sentence of the court below: Imprisonment with prison labor for the crimes set forth in the sequence Nos. 1 through 42 as shown in the list of offenses set forth in the annexed crimes set forth in the judgment of the court below; one month for the crimes set forth in the same sequence 43 and 44);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court determined a sentence by comprehensively taking into account the following circumstances: (a) the amount acquired by the Defendant is a large amount of money (Ch. 7672 million won); (b) the Defendant was unaware of the fact that the Defendant was unable to recover the damage of the instant case; (c) the recognition of each of the instant crimes; and (d) some of the instant crimes were in a concurrent criminal relationship after the final judgment and Article 37 of the Criminal Act; and (c) the fact that the Defendant was divorced, etc.; and (d) the sentence was imposed by comprehensively taking into account the sentencing conditions, including the Defendant’s age, sex behavior, environment

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

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.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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