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(영문) 창원지방법원 2018.09.19 2018노1680
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal each sentencing (the punishment of the lower court shall be punished by imprisonment with prison labor for eight months);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court determined a sentence by taking account of the following factors: (a) the Defendant’s recognition of each of the instant crimes and the fact that the amount of deception is not significant in the case of the crime, such as fraud, etc. committed against a lending company, which is not completely restored until now; (b) the method of the commission of the loan contract was inferior; and (c) the punishment was imposed by taking into account various factors indicated in the instant records and arguments, including the following: (a) the Defendant’s recognition of each of the instant crimes; and (b) the number of crimes committed against a lending company, such as fraud, etc., committed by a lending company; and (c) the Defendant’s age, sexual behavior, environment, motive and means of the crime, and the circumstances after the crime.

(c)

The grounds for each unfair sentencing alleged by the defendant and the prosecutor are shown to have been sufficiently considered in determining the punishment against the defendant, and the above sentencing conditions have changed otherwise.

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.

All the arguments of the defendant and the prosecutor are without merit.

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

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