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(영문) 광주지방법원 2016.05.03 2016노354
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 two months of imprisonment) is too unreasonable.

2. The judgment defendant has no past history of serving imprisonment with prison labor.

On the other hand, however, the defendant has repeatedly obtained money about 13 times and the total amount of damage reaches 159 million won.

Since the victim was punished for the defendant and did not recover from the damage, it is inevitable to sentence the defendant as a sentence.

Considering such circumstances, the lower court is difficult to recognize that the Defendant’s imprisonment with prison labor for a period of one year and two months ought to be too uneased so far as the lower court’s sentencing factors, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, and the recommended sentence range of the sentencing guidelines are the one-year imprisonment (type 2, not less than KRW 100 million, but less than KRW 500 million) and there is no change in the sentencing conditions in the first instance trial.

Therefore, the defendant's appeal 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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