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(영문) 창원지방법원 2018.01.31 2017노1856
사기
Text

All appeals by the defendant against the judgment below are dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. This Court decided to hold concurrent hearings of appeal cases against the judgment of the court below Nos. 1 and 2.

However, each crime of the judgment of the court below in the first instance is one of the concurrent crimes under Article 37 of the Criminal Act with the crime of fraud for which judgment was made on December 30, 2015, and the latter part of Article 37 of the Criminal Act. The crime of the judgment of the court below in the second instance is a crime committed after the above final judgment, and is not one of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, each crime of the judgment below does not constitute a case where a sentence should be imposed in accordance with

Therefore, the judgment of the court below is not reversed on the ground of consolidation.

The lower court rendered a sentence by comprehensively taking into account the following circumstances: (a) the fact that the Defendant’s mistake is against each other; (b) the amount of damage caused by each crime is not significant; (c) the injury was not recovered; and (d) the fact that there was a record of having been punished for the same kind of crime; and (d) the sentencing conditions, such as equity with the case where the Defendant was tried together with the case for which the judgment became final and conclusive; (d) the circumstances after the commission of the crime; (e) the Defendant’s age, sexual conduct, intelligence

The court below decided to impose the sentence by taking into account the following circumstances: the amount of fraud is not a large amount, the amount of fraud is not a large amount, but there is no previous conviction exceeding a suspended sentence, the health is not good, and the victim is actively deceiving the victim on the ground of civil engineering work design and authorization and permission, the nature of the crime is not good, the damage is not recovered, the damage has already been punished twice for the same crime, and in particular, the recidivism of the same kind of crime has already been committed during the suspended execution period due to fraud, and the sentencing conditions have been determined by taking into account the following factors: the defendant's age, sex, environment, circumstances, and the circumstances after the crime.

The appellate court has no change in the conditions of sentencing compared to the first instance court, and the first trial sentencing is discretionary.

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