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(영문) 광주지방법원 2018.04.25 2018노251
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the defendant's mistake is divided, and the crime of this case is a special larceny for which the judgment has become final and conclusive, and a group's concurrent crimes after Article 37 of the Criminal Act, and thus, it is necessary to consider equity in the case where the judgment is concurrently rendered under Article 39 (1) of the Criminal Act.

However, considering the fact that the nature of the crime of this case is not very good, that the defendant committed the crime of this case again during the period of repeated crimes even though he had been tried for the same kind of crime, that the defendant committed the crime of this case again during the period of repeated crimes, that damage or agreement was not reached up to the depth of the party, that the defendant's participation did not occur, the degree of the defendant's participation, the defendant's age, sexual and criminal conduct, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, the court below's punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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