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(영문) 광주지방법원 2017.04.13 2017노334
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (one year of imprisonment for Defendant A, eight months of imprisonment for Defendant B, and one year and two months of imprisonment for Defendant C) so long as it is so unreasonable. The prosecutor appealed from the lower court’s punishment against the Defendants as too unfasible and unfair.

2. The judgment of Defendant B is the primary offender, the victim F does not want the punishment of Defendant B and C, and the defendants recognized all their mistakes and reflective facts are favorable to the Defendants.

On the other hand, Defendant A and C had been punished for the same crime, and the fact that the majority of the Defendants did not receive a letter from the victims is disadvantageous to the Defendants.

In addition, taking into account various circumstances revealed in the pleadings of the instant case, such as the Defendants’ age, sex, environment, motive and consequence of the commission of the crime, mode of participation in the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment against the Defendants is too heavy or unreasonable, and thus, the Defendants and the Prosecutor’s assertion is rejected.

3. Conclusion, the appeal by the Defendants and the public prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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