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(영문) 창원지방법원 2016.07.13 2016노1035
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The following facts are favorable: (a) the Defendant recognized all of each of the instant crimes; (b) the Defendant had been hospitalized due to depression in the past; and (c) the Defendant appears to suffer from mental disorders, such as her desire to the police officer even after being investigated into the instant case; and (d) the degree of damage caused by each of the instant crimes is not significant.

However, there is no recovery of damage until now, and there is no excessive agreement between victims, and the defendant has been punished several times due to violent crimes and damage to property. In particular, the defendant has recently left without a certain occupation and residence, and the defendant has been sentenced to a fine on several occasions due to the fact that he has been sentenced to a fine in the course of the crackdown, such as the cafeteria and obstruction of business, damage to property, or interference with the execution of official duties.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the defendant's argument of sentencing 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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