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(영문) 광주지방법원 2018.05.08 2018노1028

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment is a favorable condition for the following reasons: (a) the Defendant recognized the instant crime; (b) agreed with the victim; and (c) the amount of fraud is a small amount.

However, the fact that the defendant had been punished several times due to the same crime, including the punishment, and that the defendant committed the crime of this case during the period of repeated crime for the same crime immediately after the release is disadvantageous.

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.