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(영문) 창원지방법원 2018.03.22 2017노2767
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. It is recognized that it is necessary to consider equity with the case where the judgment is concurrently rendered in the relationship between fraud for which the judgment has become final and the concurrent crimes after Article 37 of the Criminal Act.

However, the defendant has been punished more than 20 times for the same crime, and there is no other reason to deem that the punishment of the court below (no. 10 months) is reasonable within the reasonable scope of discretion and that it is unfair to maintain it otherwise, considering various sentencing conditions in the records and arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., and the fact that the defendant has been punished several times due to fraud, violation of the Labor Standards Act, etc. related to the drug processing business, repeated crimes of the same law during the repeated crime period due to the same crime, and the damage has not been recovered.

Defendant

The argument 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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