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(영문) 광주지방법원 2017.10.10 2017노2931

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant is too unfasible and unfair as to the punishment of the court below, and that the prosecutor is too unfasible and unfair.

2. The instant crime was committed by the Defendant, without intent or ability to pay the price over ten times within a short period exceeding 10 months, and the crime of this case was committed by the Defendant, and even though the Defendant had been already punished 16 times or more including three times of punishment from 2012 to 2016 due to the same crime, the crime of this case is very heavy in that the Defendant committed the instant crime again for four months from the date on which the execution of the criminal offense was completed.

On the other hand, the defendant recognized all of the crimes of this case, and the amount of damage is relatively small, and the defendant's Internet game addiction symptoms have a certain impact on the crimes of this case.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment in this case where there is no change in the conditions of sentencing in the trial compared to the lower court’s judgment, and thus, is too heavy or unbrupted and unreasonable.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.