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(영문) 광주지방법원 2021.01.21 2020노452

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance that the Defendant, who was sentenced to two years of imprisonment due to the attempted indecent act, fraud, embezzlement, etc. committed in 2016, was released from the prison and was later released from the prison during the period of repeated crime, such as the submission of the instant personal information, fraud, document forgery, and the frequency of submission of personal information four times, and that the name of the document forgery offender wishes to be punished by the Defendant.

On the other hand, the fact that the defendant recognized all of the crimes of this case, the fact that the defendant intentionally attempted to conceal the changed address in the case of the crime that has not submitted personal information, the amount of fraud is more than five million won in the case of the crime of fraud, and the amount of damage in the case of document forgery is very large in the case of the crime of document forgery.

The fact that it is difficult to see is a favorable situation.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

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