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(영문) 창원지방법원 2017.12.13 2017노2562
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence (two years of suspended sentence in six months), taking into account the following circumstances: (a) the Defendant’s mistake against the victim; (b) the partial repayment of the amount of damage to the victim; and (c) the equity in the case of a judgment at the same time with the final and conclusive fraud; (c) the active deception of the victim to commit the crime; and (d) the amount of the money acquired by deception is a significant amount of money.

The grounds for the court below's improper sentencing (a confession, reflectivity, mathrology, and administration) alleged by the defendant appear to have been determined by the court below, taking into account sufficient factors in determining the punishment against the defendant, and otherwise changed in the sentencing conditions.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Meanwhile, the Defendant asserts that the community service order is excessive in light of his/her own health condition. However, in light of the fact that the community service order has the nature of a security disposition, not a punishment, and can be executed within a necessary and appropriate scope in order to improve the edification of the subject, and that it can be executed in a flexible manner in consideration of the given person’s given condition and health condition at the execution stage, the lower

Defendant

The argument 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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