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(영문) 광주지방법원 2016.05.04 2016노182
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized his mistake and reflected his mistake, the total amount of damage is not relatively large to KRW 1,326,400, and the amount of damage is repaid to some victims.

On the other hand, the court below seems to have determined punishment in consideration of such favorable circumstances, and there is no change in circumstances that may be considered newly in sentencing after the decision of the court below, and the defendant has been punished for the same kind of crime, and in particular, he committed the crime of this case again during the period of repeated offense after being sentenced to imprisonment with prison labor for two years by the Gwangju District Court on September 16, 2013, while he was sentenced to imprisonment with prison labor for the same veterinary act.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, sexual conduct, environment, etc., various sentencing conditions and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee, etc., the Defendant’s assertion is without merit.

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

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