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(영문) 창원지방법원 2017.12.13 2017노2780
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined the sentence by taking account of the following factors: (a) the criminal records of the same kind are several times; (b) the confession and reflect of the crime; and (c) the circumstances favorable to the victim’s agreement with the victim; and (d) the sentencing conditions, such as the Defendant’s age, sexual conduct, environment; (b) the circumstances leading to the instant crime; and (c) the means and consequence after the commission of the crime.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

Considering the circumstances such as the fact that the defendant's debt due to the failure of business has many liabilities and is economically difficult, the sentencing conditions in the above trial have been significantly changed.

It is difficult to see the above sentencing, and when considering the above sentencing as a whole, it cannot be deemed unfair because the sentence of the court below is too unreasonable.

Therefore, the defendant's above 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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