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(영문) 광주지방법원 2019.02.13 2018노3683
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 one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud, etc. for which judgment has become final and conclusive and the crime of this case should consider equity with the case where judgment is concurrently rendered under Article 39 (1) of

However, considering the fact that the nature of the crime of this case is not good, the damage recovery or agreement has not been reached due to the crime of this case until the trial of the court below, the balance of sentencing with the same crime, the defendant's age, character and conduct and environment, the motive, means and consequence of the crime of this case, and other various conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc., it is not recognized that the court below's punishment is too unreasonable. Thus, the defendant'

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.

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