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(영문) 창원지방법원 2014.10.22 2014노1543
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and against the mistake, and the amount of damage is relatively small, and the victim B returned the amount of damage (the nine pages of evidence record) is favorable to the Defendant.

However, the defendant not only has the record of being punished for the same criminal act but also committed the crime of this case during the repeated crime period due to the same criminal act; the court below seems to have determined the punishment by fully considering the circumstances favorable to the defendant; and it seems that there seems to be no change in circumstances that could have different from the judgment of the court below in this court; and in full view of the various circumstances, including the defendant's age, character and behavior, environment, circumstances of the crime, means and result, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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

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