beta
(영문) 광주지방법원 2017.02.07 2016노4847

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (six months of imprisonment) by the lower court, the Defendant asserts that the Defendant was too unfasible and unfair, while the prosecutor filed each appeal by asserting that the Defendant was too unfasible and unfair.

2. The number of crimes committed by the judgment accused is very large, and all of them were punished for the same kind of crimes on four occasions in 2015, and they were punished by a fine. However, the trial is underway or sentenced to a new crime on the only one month after the sentence, and the risk of recidivism is very high, and it is not good that the victims do not recover particular damage, in addition to the return of some goods.

On the other hand, the amount of damage is not significant compared to the number of crimes committed by the defendant, and the economic situation is not good, such as the defendant's living on a old age, and the health condition is not good due to the existence of alcohol.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

3. As such, the appeal 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.