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창원지방법원 2017.09.13 2017노1014
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined the sentence by comprehensively taking account of the following factors: (a) the Defendant was the primary offender; (b) the depth of the mistake; and (c) the victim and the victim agreed with the Defendant, as well as the motive, means and result of the instant crime; (d) the circumstances after the crime; (c) the Defendant’s age; (d) the Defendant’s sexual conduct; and (e) the sentencing guidelines

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

Considering the fact that the Defendant’s business was difficult, resulting in the instant crime, and that there is a good economic situation, and there is a family member to support the Defendant’s business, the aforementioned sentencing conditions have been significantly changed in the first instance.

It is difficult to see the above sentencing, and when considering the above sentencing as a whole, it cannot be deemed unfair because the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion 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.