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(영문) 창원지방법원 2017.09.06 2017노782
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. We examine the reasoning of the judgment and the prosecutor together.

The lower court determined the sentence (eight months) by comprehensively taking into account the Defendant’s age, sex behavior, environment, motive and background of the crime, circumstances after the crime, etc., as well as the sentencing guidelines of the Supreme Court’s sentencing committee, etc., comprehensively taking into account: (a) the Defendant was punished several times by a fine for the same type of fraud that the Defendant was provided with computer use and food in the PC room; (b) the Defendant was punished by imprisonment with prison labor due to a crime, such as special larceny, fraud, and fraud; (c) the fact that the damage was not recovered; and (d) the Defendant’s age, sex behavior, environment, motive and circumstance of the crime; and (d) the following factors.

As seen earlier, the grounds for the improper sentencing (a confession and reflectivity, crime damage is minor) alleged by the Defendant, and the grounds for the improper sentencing (abstinence, damage has not been recovered) alleged by the Prosecutor are determined by the lower court, taking into account the factors that have already been sufficiently taken into account in determining the Defendant’s punishment, and otherwise changed the above conditions of sentencing.

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, since the appeal by the defendant and the prosecutor is without merit, 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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