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(영문) 창원지방법원 2015.07.16 2015노1172
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (one year of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflected his mistake.

However, on October 1, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for intrusion and larceny and committed the instant crime on June 20, 2014, even if he had been punished for repeated crime after the execution of the sentence was completed on June 20, 2014. The Defendant had the record of punishment several times for the same kind of crime in the past, and the victims’ damage recovery have not been submitted until the judgment was rendered. Considering the following circumstances: (a) there is no special circumstance or circumstance newly considered in sentencing after the sentence was rendered; (b) there is no change in the sentencing; and (c) there is no other special circumstance or circumstance newly considered in sentencing; (d) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime was committed, it is not recognized that the sentence imposed by the lower court is excessively unreasonable.

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

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