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(영문) 광주지방법원 2014.09.18 2014노1789

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. The fact that the Defendant appears to have recognized his mistake and against it, and that the degree of damage is relatively minor because the Defendant’s infinite food was merely the amount equivalent to KRW 9,500, etc., and each of the crimes of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act, which became final and conclusive on June 12, 2014, and thus need to be considered at the same time in relation to the case subject to adjudication.

On the other hand, the Defendant has been punished for the same kind of crime, such as fraud 18 times due to the imprisoning type and the 20 times in relation to the act of violence, etc., and the Defendant was sentenced to imprisonment for ten months due to the 2012 injury, etc. on March 2013, and committed the instant crime during the period of repeated crime after the execution of the sentence was completed.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances and consequence of the instant crime, etc., all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, it is recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 346(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.