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(영문) 광주지방법원 2017.05.18 2016노2199

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (two years of suspended execution, two years of probation observation, and two hundred hours of community service in the period of imprisonment for eight months) so far as it is so unreasonable, and the prosecutor appealed from the lower court’s punishment too unfasible and unfair.

2. The judgment of the defendant recognizes his mistake and reflects his mistake, the fact that the defendant compensated the victim for the amount of KRW 21 million is favorable to the defendant, and the fact that the defendant has been punished for the same crime is disadvantageous to the defendant.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.