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(영문) 광주지방법원 2015.10.20 2015노2113

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of the following factors: (a) the Defendant was subject to criminal punishment for a crime of fraud due to multiple influence and a crime of violence under the influence of alcohol; (b) the Defendant was sentenced several times; (c) the Defendant committed the instant crime during the period of repeated crime following the completion of the execution of punishment due to the same type of fraud and the crime of bodily injury under the influence of alcohol; (d) the Defendant committed the instant crime during the period of repeated crime; (c) the Defendant did not recover from damage; (d) the amount of damage in fraud is against the Defendant; (e) the amount of damage in fraud is total; (e) the amount of damage in fraud is not significant to KRW 200,000; (e) favorable sentencing factors such as the Defendant’s age and character; and (e) the scope of recommended sentencing guidelines for the instant records and arguments, including the Defendant’s age and character, and other various circumstances

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