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(영문) 부산지방법원 2017.12.01 2017노2956
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and nine months of imprisonment) is excessive and unfair (the Defendant’s argument of mental and physical weakness was withdrawn on the trial date of the first instance trial of the first instance trial of the first instance court of the first instance of the first instance of the first instance, and the argument of mistake was withdrawn on the trial date of the second trial of the first instance of the first instance of the first instance). 2. The circumstance is acknowledged, such as the following fact that the Defendant, the Defendant, the need for mental therapy, the Defendant appears to need medical treatment, and the parents

However, the crime committed by the Defendant, which had been frightened for a considerable period of time with the victim D, is bad, and each of the crimes in this case is most planned, and there seems to be no substantial connection with the mental problem (e.g., sporadic violence disorder) of the Defendant.

It seems that the defendant's physical and mental damage caused repeatedly to the victim D, who had been in psychological distressed by the defendant, is not weak, and the economic damage of other victims is also reasonable, but the defendant's efforts to recover the damage are also insufficient.

In addition, considering the equity between the punishment of the same and similar cases in various circumstances, such as the defendant's age, sex, environment, relationship with victims, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.

[Ex officio pursuant to Article 25 of the Rules on Criminal Procedure, the applicable column of the law in the original judgment shall be corrected as follows:

[Application of Acts and subordinate statutes]

1. Article 347(1) of the Criminal Act, Article 324 of the Criminal Act, Article 350(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 347(1) and Article 30 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347 of the Criminal Act, Article 347(1) and Article 30 of the Criminal Act, respectively, on November 12, 2015.

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