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(영문) 창원지방법원 2014.12.10 2014노2296
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The crime of this case was committed by the victim C, KRW 20 million from the victim G, KRW 10 million from the victim I, KRW 10 million from the victimJ, KRW 10 million from the victim K, and KRW 10 million from the victim K, and the crime of this case was committed by the victim K respectively. The defendant recognized the crime of this case and against the mistake, the victim I and K do not want the punishment against the defendant, and the first offender who has no criminal power, etc. are favorable to the defendant.

However, in full view of the fact that the amount of damage caused by the instant crime was not high, the lower court appears to have determined the punishment by fully considering the favorable circumstances for the Defendant, and there was no change of circumstances that could vary from the lower court’s judgment and the punishment in this court, the result of the application of the sentencing guidelines (the scope of recommending punishment: between June and June) by the Sentencing Committee (the period between June and January 6) and other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, background, means and consequence of the instant crime, the circumstances after the crime, etc.,

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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