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(영문) 창원지방법원 2017.01.11 2016노2941
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine each unfair argument of sentencing by the Defendant and the Prosecutor.

The fact that the defendant is recognized as committing the crime of this case and is against the defendant, and that the defendant has no record of punishment in excess of the same criminal record or fine, etc. is favorable.

On the other hand, the crime of this case was committed by the defendant with a remittance of KRW 150 million from the damaged person as the borrowed money, and the crime of this case is not good in light of the size of the acquired amount, and there is no recovery of damage until now.

Considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and various conditions of sentencing as indicated in the instant records and pleadings, such as the circumstances after the crime, the lower court’s punishment is heavy or unfeasible, and thus, cannot be deemed unfair.

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

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