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(영문) 창원지방법원 2016.08.11 2016노759
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (3 million won) of the court below is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant is making a confession of the offense; (b) the Defendant has no criminal record exceeding the same criminal record or fine; (c) the Defendant has committed the larceny crime 12 times during six months; and (d) the Defendant committed the larceny crime 43 times; (c) the total amount of the defraudation is not specified as KRW 24 million; and (d) the fact that there is no agreement with the victims is an unfavorable reason for sentencing.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, 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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