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(영문) 창원지방법원 2017.02.16 2017노84
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The circumstances can be taken into account, such as the following: (a) the Defendant made a confession of and reflects on the facts constituting an offense in the first instance; (b) the first offender; and (c) there are family members to support.

On the other hand, in light of the fact that the amount of damage in this case exceeds KRW 100 million, and that the victim failed to agree with the victim until the trial was held, and that specific efforts for recovery of damage were not made, strict sentencing of the defendant is inevitable.

In addition, considering the overall circumstances, the lower court’s punishment against the Defendant is deemed to have been determined by taking into account various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is not deemed to be unfair because it is too unreasonable for the lower court to have imposed punishment.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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