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(영문) 창원지방법원 2017.01.19 2016노2948
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (10 months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant made a confession of a crime while committing the crime; (b) the victim H andO (the actual victim of the crime of paragraph 2 of the judgment below stated in the judgment of the court below is the victim of the crime of paragraph 2 of the judgment of the court below; (c) the primary crime is a favorable reason for sentencing; and (d) the total amount obtained by the Defendant against the victims is not more than KRW 57 million; and (e) the fact that the Defendant did not agree with the victim C, D, and I is an unfavorable reason for sentencing.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion is without merit.

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

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