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(영문) 창원지방법원 2019.05.15 2019노193
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The lower court determined the sentence by taking into account the following circumstances: (a) the Defendant’s recognition of and reflects the instant crime; (b) the equitableness with the case where the judgment was rendered simultaneously with a crime of fraud, etc.; (c) the Defendant was punished several times for the same type of crime; and (d) the fact that damage has not been recovered due to unfavorable circumstances; and (e) other factors of sentencing as shown in the instant records and arguments, including the Defendant’s age, motive and circumstance of the crime; and

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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