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(영문) 창원지방법원 2018.04.18 2018노361
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be punished by imprisonment with prison labor for five months);

2. The lower court, under the circumstances that the Defendant committed the instant crime during the period of repeated crime, and at a disadvantage against the fact that the injury has not been recovered, shall take into account the facts that the Defendant led to the confession of the instant crime, the special assault crime of the Defendant’s judgment, etc., and the relationship of concurrent crimes after Article 37 of the Criminal Act with the latter part of the Criminal Act, and should consider the equity with the case at the same time when the judgment is rendered. In addition, the lower court, taking into account various sentencing conditions as indicated in the instant records and arguments, such as the criminal history, age, sexual conduct, environment, motive and means

The grounds for unfair sentencing (e.g., equity in the case of a judgment simultaneously with a final and conclusive special assault, etc.) alleged by the Defendant appears to have been determined by the lower court, taking into account sufficient factors in determining the sentence against the Defendant, and the above conditions of sentencing have changed in the trial at the same time.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

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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