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(영문) 창원지방법원 2018.04.11 2018노5
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the punishment of the court below shall be six months, and the suspended sentence shall be two years);

2. 1) In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

2) The lower court determined a sentence by taking into account the following factors: (a) the Defendant agreed smoothly with the victims; (b) the Defendant did not have any other criminal records other than a fine No. 1; and (c) the motive and background leading up to each of the instant crimes; and (c) the Defendant’s age, sex, environment, circumstances of the instant case, means and consequence; and (d) the sentencing conditions, including the circumstances after the commission of the crime.

3) In light of the fact that the Defendant recognized all of the instant crimes and reflects in depth, the victims wanted to have the Defendant’s wife, and the Defendant’s previous convictions, the sentencing conditions mentioned earlier in the trial were significantly changed.

It is difficult to see it.

In light of the above sentencing’s comprehensive consideration, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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