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(영문) 광주지방법원 2019.02.13 2018노3079

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. It is recognized that the Defendant’s mistake is divided, and the crime of this case is committed on July 13, 2015 and the concurrent crime under the latter part of Article 37 of the Criminal Act, which became final and conclusive on July 13, 2015, and should consider equity with the case where the judgment is concurrently rendered under Article 39(1) of the Criminal Act.

However, the crime of this case is not good, the defendant committed again during the period of repeated crime of the same kind even though he had been tried for the same kind of crime, and the amount of damage was considerable, but did not complete recovery from the victim's agreement or complete damage. Considering the sentencing balance with co-defendants of the court below, the sentencing balance with the defendant, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other various conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.