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(영문) 창원지방법원 2020.01.15 2019노2310
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., imprisonment with labor for up to 10 months) by the lower court are too unreasonable;

2. The lower court rendered a sentence by taking account of the following circumstances: (a) even though the Defendant had been punished for the same or similar commission of a crime, the Defendant committed a repeated crime against many unspecified victims during the repeated crime period; and (b) the fact that the damage was not recovered due to unfavorable circumstances; and (c) the Defendant’s age, character and conduct, environment, criminal records, circumstances leading to the crime, and circumstances leading to the crime, etc.; and (d) the sentence was imposed by taking into account the following circumstances.

The grounds for unfair sentencing alleged by the Defendant appear to be the circumstances that the lower court had already taken into account when determining the Defendant’s punishment. The lower court’s punishment is reasonable within the reasonable scope of discretion, and there are no circumstances suggesting that the said sentencing conditions have been changed in the appellate court.

Therefore, the defendant's assertion cannot be accepted, since the court below's punishment is too heavy.

3. As such, 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.

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