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(영문) 광주지방법원 2016.02.03 2015노3449
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 (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the court below is favorable to the defendant's acknowledgement of his mistake and reflect, and the first offender is the first offender. However, it is not good that the defendant committed the crime of this case by taking advantage of personal trust relationship with the victim, and the defendant has not yet repaid the amount equivalent to KRW 37,358,00 out of the damaged amount of KRW 72,672,00,00. In addition, in full view of the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., the court below's punishment is too heavy or it is not deemed unfair since it is too unreasonable. Thus, the above assertion by the defendant and the prosecutor is without merit.

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

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