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(영문) 광주지방법원 2020.02.06 2019노2938
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the Defendant recognized the instant crime is favorable to the Defendant.

On the other hand, even though the defendant had been sentenced to imprisonment for the same kind of crime for the last five years, the defendant committed the crime in this case even though he was sentenced to imprisonment for five months, five months, August, October, and ten years for the same crime. On November 15, 2018, the defendant was sentenced to imprisonment for one year for the same kind of crime in the Gwangju District Court's net support on November 15, 2018. On August 25, 2019, the defendant committed the crime in this case only one month after the execution of the sentence was completed.

In addition, the circumstances of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, environment, etc. of the defendant and the sentencing guidelines for the enactment of the Sentencing Committee.

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the general fraud [the type 1] below 100 million won (the special person] increased factors: The defendant's assertion is without merit, given that the court below's punishment is too unreasonable, considering the following factors: the scope of the recommended punishment [the recommended area and the scope of the recommended punishment] increased area, imprisonment with prison labor for one year to two years, and six months, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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