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(영문) 창원지방법원 2017.10.11 2017노1962
사기
Text

The defendant's appeal is dismissed.

Reasons

The lower court determined unfair sentencing (the Defendant asserted only on the ground of unfair sentencing on the first trial date of the first trial of the first trial of the first instance) on the gist of the grounds of appeal, taking into account the following factors: (a) the Defendant recognized the commission of a crime; (b) the amount of damage is not significant; (c) the Defendant is discharging his/her obligations; (d) a case pending in the appellate trial after having been sentenced to ten months of imprisonment; and (e)

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.

The above conditions of sentencing have changed significantly in the trial.

It is difficult to see it.

In addition, considering the fact that a single defendant had had a same criminal record due to the previous type of crime, and again repeats the crime of this case, and that the punishment determined by the court below is near the lowest amount of the fine, it cannot be deemed that the sentence of the court below is unfair because it is excessively 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.

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