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(영문) 광주지방법원 2015.06.11 2015노846
사기등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year and eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: one year and eight months of imprisonment, Defendant B: four months of imprisonment, one year of suspended execution, and 80 hours of social service) of the lower court is too unhued and unreasonable.

2. Determination

A. The circumstances are favorable to the Defendant’s decision on the unreasonable sentencing of Defendant A, such as the following: (a) whether or not the Defendant’s mistake is divided into and against his own mistake; (b) whether or not the Defendant does not repeat a crime; and (c) whether or not the Defendant has been divorced during the period of imprisonment; and (d) there are difficulties in supporting the Defendant’s

However, the crime of fraud of this case is that the defendant acquired approximately KRW 13 million in total against many victims, and the nature of the crime is not good in light of the method of crime and the amount of fraud. In addition, the defendant's leading custody of the victims AC and AK, and the victim AC and AK, and there is a need to strictly punish them as attempted attempted money and valuables from the victims. There is no agreement with the victims up to now, and there is the history of punishment several times. In particular, each of the crimes of this case has already been committed during the period of repeated crime due to the same crime, even though it is a repeated crime due to the same kind of crime, and there is no special circumstance or change that can be newly considered in sentencing after the sentence of the judgment of the court below, and there is no other special circumstance or change that there is no other special circumstance or circumstance that can be newly considered in sentencing after the sentence of the court below, and the scope of guidelines for the enactment of the sentencing committee for all of the crime of this case, such as punishment conditions and the circumstance after the crime, etc. [1 year or more than one year imprisonment].

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