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(영문) 창원지방법원 2017.11.09 2017노1246
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The punishment (one and half years of imprisonment) of the lower judgment is too heavy.

B. Prosecutor: The sentence of the lower judgment is too minor.

2. The judgment is a favorable sentencing ground, such as the fact that the defendant is living against the defendant while making a confession of the crime, that part of the victims of the crime have recovered from damage in the court below and the court below's decision that held that the suspension of the execution of imprisonment for the crime of fraud was made two times due to the crime of fraud under the same several laws, but the execution of the execution of the imprisonment for the crime was made two times after the confirmation of the execution of the last sentence, that there was four times the punishment of fraud, that there was about 21 million won by deceiving about 190 times, and that there was an adverse crime such as the increase in the number of times and the amount of fraud compared to the previous crime, that there was a record of punishment for gambling, that there was no significant degree of recovery of the above damage, etc.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters on the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed to be appropriate. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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