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(영문) 창원지방법원 2018.09.12 2018노909
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be four months);

2. The fact that the judgment defendant recognized the crime of this case and reflected, etc. is favorable to the defendant, and the crime of this case is a crime before the final judgment is rendered.

However, there is a record that the defendant was punished for the same crime, and the amount of the fraud of the crime in this case is not much sufficient, and the damage has not been recovered entirely.

The court below did not detain the defendant in order to give the defendant an opportunity to recover damage, but the defendant did not make any effort to recover damage from the court below to the trial court, and the victim wanted to punish the defendant with severe punishment.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In light of the various circumstances, including the above circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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