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(영문) 전주지방법원 2018.10.04 2018노1093

사기

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 (4 months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings the damaged company and defrauds the damaged company about 22 million won, that the crime of this case is not good, that the defendant led and planned the crime of this case, that the defendant was sentenced twice as sentenced for the same crime, and that the defendant committed the crime of this case again the same kind of crime without being aware of even though it is during the repeated crime period.

On the other hand, the fact that the defendant confessions all of the crimes of this case and reflects against the defendant, and that the victim voluntarily agreed with the victim in the original trial and cancelled the complaint against the defendant is favorable to the defendant.

In addition, in full view of the various conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, and circumstances leading to the commission of the crime, and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee (one month to one year), the lower court’s punishment was too heavy or it exceeded the reasonable scope of discretion by putting the Defendant into force.

It does not seem that it does not appear.

Therefore, we cannot accept all the defendant and prosecutor's argument.

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.