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(영문) 광주지방법원 2017.06.14 2017노1511

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In full view of the following factors: (a) the Defendant committed each of the instant crimes without being aware of it during the period of repeated crime due to fraud; (b) the Defendant was punished for fraud; and (c) the Defendant was able to have any record of being punished for fraud; and (d) there is no particular change in the sentencing conditions compared with the lower court; and (b) the various sentencing conditions specified in the records and arguments, including the circumstances and means of the instant crimes; (c) the lower court’s sentence does not seem to be unfair

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 15(10) of the Act on the Establishment of Local Reserve Forces under the 6th page of the lower judgment, provided that the “Article 15(10) of the Act on the Establishment of Local Reserve Forces” under the 4th page is a clerical error in the “Article 15(10) of the former Act on the Establishment of Local Reserve Forces (amended by Act No. 14184, May 29, 2016).” Thus, it is obvious that the Defendant’s appeal is a clerical error in the “Article 15(10) of the former Act on the Establishment of Local Reserve Forces (amended by Act No. 14184