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(영문) 창원지방법원 2016.06.08 2016노412
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of eight hours) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized all of the instant crimes, thereby opposing his mistake, and agreed with the victim, and that each of the instant crimes ought to be considered in the relationship of a single concurrent crime after Article 37 of the Criminal Act with another crime for which judgment has become final and conclusive, and at the same time, with the case where the judgment has been rendered.

However, each of the crimes of this case is an unfavorable circumstance, such as the fact that each of the crimes of this case is not good quality in light of the method of crime and the amount of fraud, and that the defendant has been punished for the same kind of crime.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the defendant's argument of sentencing 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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