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(영문) 전주지방법원 2018.11.29 2018노1413
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The fact that the amount of damage caused by the instant crime is about KRW 92 million, and that the Defendant had already been punished several times due to the same type of crime, and that the Defendant was a previous criminal record, and that the Defendant did not make efforts to recover damage caused by the instant crime until the Defendant was in the trial. Nevertheless, the Defendant did not have an attitude to deny a part of the instant crime at the lower court and to reflect his mistake. The fact that the Defendant escaped after the instant crime, and had been locked for a long time after the instant crime, are disadvantageous to the Defendant.

On the other hand, it is advantageous to the fact that the defendant recognized all of the crimes of this case and reflected them when the defendant was in the first instance, the victims' damage seems to have been partially recovered immediately after the crime was committed, and the defendant's recovery of damage is taking place in the future.

In addition, in full view of the various conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, and background leading to the instant crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment was too heavy or unhued and exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

Therefore, all of the defendant and prosecutor's arguments are rejected.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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