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(영문) 광주지방법원 2017.04.13 2017노439

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (six months of imprisonment) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.

2. The fact that the defendant recognized all his mistake and reflected his mistake is favorable to the defendant.

On the other hand, the fact that the defendant had already been punished for the same kind of crime, and even if he had been punished for repeated crimes in the same kind of crime, he did not recover almost the victims' damages, and that the defendant did not receive a letter from the victims is disadvantageous to the defendant.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

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