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(영문) 창원지방법원 2017.05.18 2017노685
유사수신행위의규제에관한법률위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment of the original judgment (eight months of imprisonment) on the summary of the reasons for appeal, the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. Determination: (a) the Defendant recognized the Defendant’s mistake and reflects the Defendant; (b) some investors do not want the Defendant’s punishment; (c) there are favorable sentencing grounds for pecuniary gains that the Defendant did not have any particular pecuniary gains; (d) the Defendant has been punished for the same kind of crime two times; and (e) the Defendant again committed the instant crime during the period of suspended execution after being sentenced to two years of suspended execution on July 5, 2013 (as of July 13, 2013 on the date when the sentence was issued on July 5, 2013). The instant crime was committed again during the period of suspended execution after being sentenced to imprisonment for two years (as of July 13, 2013 on the date when the sentence was finalized); and (e) the instant

In full view of the above sentencing factors, in full view of the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments of the change, the lower court’s judgment’s punishment is deemed appropriate. Therefore, the Defendant and the Prosecutor’s assertion is without merit.

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

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