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(영문) 광주지방법원 2018.07.17 2016노4365

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. A favorable circumstance is that the Defendant recognized the instant crime and reflects it, and that it is the primary offender.

However, in order to cause damages to the victims of a total amount of KRW 93 million, which is larger than the amount of damage, and to know about the morale of the victims, the Defendant not only committed a crime by forging the contract, but also did not cause the victims to recover particular damage.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. 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.