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(영문) 창원지방법원 2020.02.05 2019노2546
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court rendered a sentence within the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing committee, comprehensively taking account of all kinds of sentencing conditions, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., due to the favorable circumstances that the Defendant’s mistake is divided, agreed with the victim B, and that there is no significant penalty force exceeding the fine.

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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