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(영문) 창원지방법원 2017.02.09 2016노3231
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. In light of the following factors: (a) there is no change in the conditions of sentencing compared to the first instance court; and (b) where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); (c) there is no change in the conditions of sentencing compared with the lower court since new sentencing materials have not been submitted at the trial court; (d) there is no change in the conditions of sentencing compared with the lower court; (b) repeated crimes of the same kind in the instant case and related cases in the short period; and (e) there is no agreement with the victims, the lower court’s sentencing was too excessive to exceed the reasonable scope

Therefore, the defendant's assertion is without merit.

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

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