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(영문) 광주지방법원 2017.04.12 2017노695

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is a favorable condition that the defendant made a confession of each of the crimes in this case and reflects his mistake in depth, and that the defendant agreed with the victim C of the fraud crime in the court below.

On the other hand, the defendant did not know about the repeated crime due to the crime of fraud, and committed a crime of violating the Road Traffic Act (toxicly Driving), the Road Traffic Act (non-licenseless Driving), the violation of the Road Traffic Act (non-licenseless Driving), and the violation of the Guarantee of Automobile Compensation, etc. while being tried for the crime of fraud, which are disadvantageous to the defendant.

In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of each of the instant crimes, the circumstances after the commission of the crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or it is deemed unfair as it is fluent. Thus, the Defendant

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.