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(영문) 창원지방법원 2017.08.17 2017노1223
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. In light of the aforementioned favorable sentencing grounds, including the fact that the defendant is making a confession of the crime, and there is no criminal record exceeding the same criminal record or fine, the defendant's assertion is without merit, since the punishment of the court below is determined to be appropriate, and there is no change of circumstances to be considered in the trial of the court below in light of the following: (a) the reason for unfavorable sentencing, such as the fact that the amount of deception is no more than 41 million won, the name of the victim, and the fact that the amount of deception was agreed or did not recover from damage; (b) the defendant's age, family relation, economic situation, the process and motive leading to the crime; and

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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