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(영문) 창원지방법원 2012.10.26 2012노1161
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year of suspended execution in six months of imprisonment, and a community service order of 120 hours) imposed by the court below is too unreasonable.

2. Although there are no circumstances that may be considered in light of the circumstances, such as the fact that the defendant led to the confession of and reflects in depth on the crime of this case, and that there is a family member to support the defendant, and that there is an economic difficulty, the defendant has been punished for the same kind of crime in the past, that the defendant did not reach an agreement with the victim up to the trial, and that it appears not to make any effort to recover damage, as well as that there is no specific effort to recover damage, and that there is a balance between other similar cases and sentencing, and other similar cases, including the defendant's age, character and conduct, intelligence and environment, motive and circumstance of the crime of this case, and all of the sentencing conditions of this case, such as circumstances after the crime

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.

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