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(영문) 창원지방법원 2018.12.12 2018노1094
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing the sentencing of the gist of the grounds for appeal (the sentence of the lower court: a fine of seven million won);

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

B. The lower court, under the circumstances where the Defendant had identical criminal records and 30 times, committed each of the instant crimes during the period of repeated crime, and accordingly, took into account the fact that there was no significant damage to fraud and injury, as well as the fact that the victims agreed with each of the instant crimes, and determined a sentence by taking into account the following factors: the Defendant’s age, sex, criminal conduct, environment, motive and means of the crime, and circumstances after the crime, etc., and taking into account various sentencing conditions as shown in the records and arguments.

(c)

The reason for the court below's improper sentencing, as claimed by the prosecutor, seems to be the reason for the court below's determination of the defendant's punishment, and the above conditions of sentencing changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, the part of the judgment of the court below regarding “criminal records” and “the summary of evidence” in the “criminal records” column is to be corrected to delete.

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