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(영문) 광주지방법원 2017.10.12 2017노3040

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The rationale behind the judgment is that the Defendant recognized all of his mistake and reflecteds, that the victim M appears not to have want to punish the Defendant, and that the equity should be considered with the case where the judgment was rendered simultaneously with the crime of the first head of the crime of the lower judgment, which was in the concurrent relationship with the latter part of Article 37 of the Criminal Act.

However, considering the fact that the court below appears to have determined punishment in consideration of all the above points, and other circumstances revealed in the arguments in this case, such as the defendant's age, sex, environment, motive and consequence of the crime, etc., the court below's punishment is too unreasonable, and thus, it is not acceptable to accept the defendant's assertion.

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 groundless.

참조조문