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(영문) 창원지방법원 2017.11.23 2017노2347
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. In light of the following facts: (a) the judgment was examined; (b) the Defendant recognized his/her mistake and reflects the Defendant; (c) on January 16, 2013, he/she was sentenced to a two-year suspended sentence of imprisonment at the Busan District Court on the one-year imprisonment on January 24, 2013; and (d) on January 24, 2013, he/she should take into account the equity in the case of a judgment at the same time with the final judgment; (d) the victims’ damage has not been completely recovered; (e) the Defendant had been punished twice in fraud; and (e) there is no change of circumstances that may otherwise determine the Defendant’s age, sex, criminal conduct, environment, family status, economic situation, circumstances leading to the crime, and motive leading to the crime; and (e) all other factors on the sentencing as indicated in the records and changes theory of this case, the Defendant

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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