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(영문) 창원지방법원 2018.06.08 2018노815
컴퓨터등사용사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each summary of grounds for appeal (two years from imprisonment with prison labor for the court below);

2. Determination

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

B. The lower court, based on favorable circumstances such as the fact that the Defendant recognized all of the instant crimes and reflects the nature of each of the instant crimes, committed repeatedly each of the instant crimes during the period of the same repeated crime, and did not appear to have an effort to recover damage, etc., determined a sentence by taking account of the Defendant’s age, sexual behavior, environment, motive and means of the instant crime, and other various sentencing conditions as shown in the records and arguments, including the circumstances after the crime.

(c)

The grounds for each unfair sentencing alleged by the defendant and the prosecutor are shown to have been sufficiently considered in determining the punishment against the defendant, and the above sentencing conditions have 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.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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