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(영문) 창원지방법원 2013.12.12 2013노1646
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (six months of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unreasonable.

2. As to the assertion of unfair sentencing by both parties of the judgment, the crime of this case is committed each of the crimes of this case on May 31, 2010, even though the defendant was sentenced to two years and six months of imprisonment for the crime of violation of the Act on the Protection of Juveniles from Sexual Abuse, which was sentenced by the Seoul Southern District Court on May 23, 2008, and committed each of the crimes of this case even if the defendant was a repeated offender after the completion of the execution of the above punishment, and the defendant did not comply with the victim's demand for repayment by taking advantage of decentralization relation with the victim, and the defendant did not respond to the victim's demand by using the circumstances where it is difficult for the victim to reveal that it is difficult for the victim to disclose the relationship with the defendant as a woman.

On the other hand, the fact that the defendant led to confession and reflect, the fact that the defendant agreed with the victim, the victim died on August 20, 2013, but the husband E of the victim appeared as a witness in this court and stated that "the victim's suicide is not caused by the defendant, but does not want punishment considering the fact that the victim agreed with the defendant before the birth," the defendant did not have any history of punishment for the same crime, and the fact that the defendant is in a position to support his family is favorable to the defendant.

The above circumstances, the character, conduct and environment of the defendant, the circumstances and results of each of the crimes in this case, and the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime.

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