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(영문) 창원지방법원 2017.08.09 2017노1576
사기
Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The court below determined a sentence lower than the lower limit of the recommended sentence on the sentencing guidelines, taking into account the following circumstances: (a) the Defendant had a history of criminal punishment several times including imprisonment with prison labor due to the crime of fraud, etc.; (b) the Defendant committed each of the crimes of this case without being aware of during the repeated crime due to fraud, etc.; (c) the victim C was not subject to recovery of damage caused by the fraudulent crime against the victim C; and (d) the victim C was punished against the Defendant; (c) the Defendant committed all of the remaining crimes except the partial crime against the victim C; and (d) the Defendant agreed with the victim E and the victim E at will that the victim E would not be punished against the Defendant; and (e) the sentencing conditions, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime; and (e) the

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

In light of the reasons for each appeal and the fact that the defendant is both aware of and against the crime in the first instance, the above sentencing conditions have changed significantly in the first instance.

It is difficult to see the above sentencing, and in light of the comprehensive consideration of the above sentencing, it cannot be deemed that the lower court’s punishment is too light or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

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

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