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(영문) 창원지방법원 2019.05.29 2019노506
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court determined that the instant crime was committed by the Defendant with gambling records by deceiving the victim by using the instrument (Fraud), and thus, the nature of the crime is not very good, and the victim was unable to repay the damage to the victim. In addition, the Defendant’s participation in the instant crime was determined by taking into account the circumstances leading up to the Defendant’s participation in the instant crime, including the background leading up to the Defendant’s age, character and behavior, environment, motive for the crime, and circumstances after the crime.

The grounds for unfair sentencing asserted by the defendant and defense counsel are the circumstances that the court below had already taken into account when determining the punishment against the defendant, and there are no circumstances to deem that the conditions for sentencing have changed in the appellate court.

Rather, comprehensively taking account of the above conditions of sentencing, the lower court’s punishment is reasonable within the reasonable scope of discretion.

Therefore, the defendant's assertion is not accepted.

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

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