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(영문) 창원지방법원 2018.12.20 2018노2157
사기미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the aforementioned legal principles, the health care unit, the lower court, in light of the aforementioned legal doctrine, determined the punishment against the Defendant within a reasonable scope by fully considering the overall circumstances regarding the sentencing, such as the fact that the nature of each of the crimes in this case is inferior, the confession and reflects the crime, the fact that the victim F does not have any criminal record above the same kind of crime, and the victim F does not want punishment against the Defendant, and there is no change in the conditions of sentencing, and thus, it is reasonable to respect the sentencing of the lower court without any change in the sentencing

Therefore, the defendant's assertion is not accepted.

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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