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(영문) 창원지방법원 2016.07.21 2016노1052
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reason for appeal is too unreasonable because of the punishment sentenced by the court below (4 months of imprisonment), and the prosecutor asserts that it is too unfied and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession of the crime and reflects the fact of the crime, and that the money acquired through the crime of this case is not a large amount.

On the other hand, even though the Defendant had been sentenced to a fine of KRW 700,000 in 200, imprisonment of January 2002, and fine of KRW 1.5 million in 2009 for the same crime, the Defendant committed each of the crimes of this case again, and the Defendant was not able to recover damage for several years after each of the crimes of this case, and was not able to reach an agreement with the victims, and there is also a disadvantage to the Defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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