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(영문) 창원지방법원 2013.04.26 2013노389
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Although there are no circumstances to consider the circumstances, such as the fact that the defendant is living in custody, aged and healthy, that part of the victim does not want the punishment of the defendant, the amount of damage does not reach the recovery of damage, that the defendant has a record of being punished for the same kind of crime, that there is a balance between similar cases and sentencing, and other sentencing conditions of the defendant, such as character and behavior, intelligence and environment, motive and circumstance of the crime, means and consequence of the crime, etc., as a whole, the court below's punishment is too unreasonable and it cannot be deemed that the defendant's above assertion is groundless.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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