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(영문) 창원지방법원 2020.01.22 2019노2191
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The lower court rendered a sentence by taking account of the following factors: (a) the Defendant committed the instant crime at the time of and against the Defendant; (b) the part of the amount acquired by the commission of the instant crime was favorable for the Defendant to the extent that the amount of damage was not directly used; (c) the amount of damage was not significantly recovered; and (d) the fact that there was a record of several punishments for the same type of crime several times; and (d) other factors of sentencing as shown in the records and arguments, including the Defendant’s age, character and conduct

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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