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(영문) 창원지방법원 2016.01.28 2015노2066
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts the gist of the grounds for appeal that the punishment (one million won penalty) declared by the court below is too excessive and unfair.

2. It is recognized that the defendant's mistake and reflects his mistake, and that the defendant should be sentenced at the same time in consideration of equity with the case of a judgment, since the crime of violation of the Act on the Promotion of Game Industry, etc. in the judgment of the court below, which became final and conclusive, and the subsequent crime of concurrent crimes

However, considering the fact that no particular data on the recovery of victims’ damage has been submitted to the court of first instance, etc., the court below’s punishment is too unreasonable in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime; and (b) the conditions for sentencing as indicated in the present arguments and records, such as the circumstances after the crime was committed; and (c) there are no special circumstances or circumstances that may newly be considered in the sentencing after the sentence of the court below.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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