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(영문) 창원지방법원 2018.01.18 2017노2808
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of 6 months and the fine of 300,000 won) is too unreasonable.

2. In full view of all the sentencing circumstances such as Defendant’s age, sex, family relation, criminal record, motive, means and consequence, etc., the sentence imposed by the court below is too unreasonable, and considering the following factors: (a) although it is recognized that certain victims do not want punishment against Defendant; (b) some victims do not want to support the Defendant; (c) the number of times of the crime is high; (d) the victims and victims have a considerable amount of damage; (e) the victims have not recovered; (e) the victims have been punished for the same kind of crime; and (e) there is no change of circumstances that could otherwise determine the court below and the punishment; and (e) there is no other change of circumstances that the court below and the punishment are different.

Defendant’s 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 ordered as per Disposition.

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