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(영문) 광주지방법원 2016.11.16 2016노3284

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. A favorable circumstance is that the Defendant’s mistake is properly recognized and reflected, and the Defendant is a primary offender who has no criminal records, and the Defendant appears to be in an economic difficult situation without good health.

On the other hand, the lower court seems to have determined a sentence in consideration of the above favorable circumstances, and there is no change in circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and the amount obtained by the Defendant from the victim of fraud is not much, and the Defendant did not agree with the victims or was unable to recover from damage, etc.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Defendant’s assertion is not reasonable on the grounds that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.