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(영문) 광주지방법원 2017.09.13 2017노2339
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. In light of the fact that the nature of the crime of this case is not very good and that the amount of damage caused by the crime of this case is large, considering the fact that Defendant C did not agree with the victim P, in addition to the fact that the Defendants did not agree with the victim P, it is necessary to strictly punish the Defendants.

However, considering the following circumstances: (a) the Defendants divided their mistakes in depth; (b) the Defendants appear to be much smaller than the amount of damage indicated in the facts of the crime; (c) the degree of the Defendants’ participation in the crime of this case; (d) the balance of sentencing with other accomplices; and (e) the Defendants’ age, sex and environment; (e) motive, means and consequence of the crime; and (e) the circumstances of sentencing specified in the pleadings of this case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (e) the Defendants and the prosecutor’s aforementioned arguments are deemed to be too heavy or unreasonable, and therefore, are without merit.

3. As such, the appeal by the Defendants and the public prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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