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(영문) 창원지방법원 2019.09.25 2019노1313
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court rendered a sentence by taking account of the following factors: (a) the Defendant led to the instant crime; (b) the amount of damage caused by the instant crime is small and partial recovery; (c) the mental disease affected the commission of the instant crime under favorable circumstances; (d) the fact that it was a criminal during the period of repeated crime; and (e) the fact that it committed several times during the short period of time during which the Defendant was committed; and (e) other factors of sentencing indicated in the instant records and arguments, including the Defendant’s age, character and conduct, environment, background of the crime;

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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