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(영문) 광주지방법원 2020.08.18 2019노2454
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (hereinafter “Defendant”)’s punishment (hereinafter “fine 4,00,000”) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. The judgment of the defendant recognized the crime of this case, and the defendant deposited KRW 2,00,00 with the victim as a deposit in the court below as the name of the victim for the repayment of damages, etc. are disadvantageous circumstances such as favorable circumstances, or three previous convictions of fine for the defendant, and the fact that the defendant did not agree with the victim.

There are no special circumstances or changes in circumstances that can be newly considered by this court, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's arguments are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and 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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