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(영문) 창원지방법원 2015.11.18 2015노2398
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant of the grounds for appeal asserts to the effect that each of the punishments (two months of imprisonment and eight months of imprisonment) declared by the court below is excessively unreasonable, and the prosecutor asserts to the effect that each of the punishments declared by the court below is excessively uneased and unreasonable.

2. We examine each of the alleged unfair sentencing by the Defendant and the prosecutor.

The fact that the defendant is led to confession and reflect, and the crime of fraud under paragraph (1) of the judgment of the court below is more favorable than that of fraud, which was sentenced to 8 months of imprisonment, and concurrent crimes under the latter part of Article 37 of the Criminal Act.

Meanwhile, as long as the Defendant had had the record of having been punished several times for the same crime in the past, the crime of fraud committed on October 7, 2013, which was after the expiration of the parole period and repeated crime period, is committed during the period of repeated crime, and as long as the crime of fraud committed on August 28, 2013 and the crime of comprehensive crime committed on August 28, 2013 during the parole period constitutes a crime of fraud under paragraph (2) of the judgment of the court below, the entire crime

The fact that a person commits a fraud under paragraph (2) of the judgment of the court below is committed, the damage was not recovered, and the agreement with the victim was not reached, etc. is disadvantageous.

In light of the above circumstances and the following: (a) there is no special reason to change the sentencing after the pronouncement of the lower judgment; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) various conditions of sentencing as indicated in the instant records and arguments, such as the circumstances after the crime, etc., it cannot be deemed that the lower court’s respective punishment imposed

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, the criminal facts of the judgment of the court below are sentenced to one year of imprisonment with prison labor for fraud and "the imprisonment with prison labor for fraud" in the first sentence.

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