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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal: Imposition of the penalty (six months in prison and two years in suspended execution)
2. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: (a) a mitigated person: (b) a person who has no record of punishment for the same kind of property crime, and there is no letter of intent from the victim: (c) a person who deposited a considerable amount of money in the confession and the amount of money obtained by deception to restore damage; (d) a person who has no record of punishment exceeding a fine in the past; and (e) a person who has no record of punishment exceeding the fine in the past; and (e) a reason for unfair sentencing alleged by the Defendant in the trial of the
In addition, there are no circumstances to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.
Therefore, the defendant's assertion of unfair sentencing is not accepted.
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.
[On the other hand, in the facts charged in the case of this case, the prosecutor applied for the amendment of the indictment to the effect that "In spite of this, the defendant deceivings the victim company as above and delivers it to D around that time," the part of the facts charged in this case "the defendant deceivings the staff in charge of sending the order goods of the victim company, and then his deceivings the staff in charge of sending the order goods to D above around that time, and permits the members to do so. However, although the prosecutor changed the facts charged in this case did not affect only the part on the part of the previous facts charged, it does not affect the extent of the amendment of the indictment, and therefore, it does not reach the degree of the amendment of the indictment, and