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(영문) 창원지방법원 2018.04.25 2018노425
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Illegal sentencing for each of the reasons for appeal (the sentence of the lower court shall be four months of imprisonment with prison labor for the crimes set forth in the holding of the lower court and the first and fourth years of suspended execution for six months of imprisonment with labor for the crimes set forth in the holding of the lower court);

2. The lower court, on a long-term basis, ordered a victim, who is vulnerable to the crime to take miscellaneous or clean up by assaulting or threatening the victim to commit the crime, obtained approximately KRW 30 million by defrauding about KRW 5 million, and abused about KRW 5 million, and took account of the circumstances favorable to the Defendant’s deposit of KRW 50 million for the victim, and determined a sentence by taking account of the following factors: the Defendant’s age, sex, environment, motive and means of the crime, circumstances after the crime, etc., as well as various sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, sex, criminal conduct, environment, motive and means of the crime, and the circumstances after the crime, and the principle of equity with the case where the judgment becomes final and conclusive.

The grounds for the improper sentencing alleged by the defendant (the defendant's depth is against the defendant, a serious effort for the recovery of damage, the absence of previous convictions, etc.) and the reasons for the improper sentencing alleged by the prosecutor (the poor quality of the crime, the seriousness of the crime, the intent of the victim, the necessity of the strict punishment against the defendant, etc.) are shown to have been sufficiently considered in determining the punishment against the defendant, and the above conditions of sentencing change otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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