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(영문) 창원지방법원 2017.11.09 2017노1481
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service work of eight hours) is too unreasonable.

2. There are favorable circumstances for the defendant, such as the fact that the defendant recognizes and reflects the crime of this case, the fact that the victim has repaid half of the total defraudation amount of 36 million won to the victim, and the defendant is the first offender who has no record of punishment.

However, in full view of the following circumstances: (a) the amount obtained by deception due to the instant crime is not small; (b) there is no agreement with the victim; (c) there is no special relationship or change of circumstances that can be newly considered in the trial; and (d) other various circumstances that are the conditions for sentencing specified in the records and pleadings of the instant case, including the Defendant’s age, environment, sexual conduct, motive for the commission of the crime, and circumstances before and after the commission of the crime, the sentence of the lower court cannot be deemed to be unfair

On the other hand, the defendant sought a reduction or exemption of community service hours, but considering the above contents of the case and the fact that the defendant did not reach an agreement with the victim, it is not unreasonable to add the community service order when issuing a suspended sentence instead of sentencing a sentence on the defendant. In light of the defendant's assertion, the community service order of 80 hours and 10 hours (10 days) does not seem to be a major obstacle to the defendant's living, and it is deemed that the defendant can sufficiently implement it within the extent that it does not interfere with the defendant's living through consultation with the protective observation office after the conclusion of the judgment. There are no special circumstances to reduce or exempt it.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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