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(영문) 광주지방법원 2020.09.08 2020노1340
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years, and confiscation No. 1) of the lower court is too unreasonable.

2. The following facts are favorable: (a) the Defendant recognized each of the instant crimes; (b) the victim Z of a special assault does not punish the Defendant; and (c) each of the instant crimes is in the concurrent relationship between fraud, etc. for which the judgment on the column of criminal power as indicated in the judgment below has become final and conclusive; and (d) the equity with the case for which the judgment is to be rendered simultaneously

On the other hand, the Defendant committed a crime in the case of the 2019 Godan5158, 5583 (Merger) decision without being able to do so, and the Defendant did not recover any damage to the victims of fraud, etc., in a case where there are two or more criminal records of the same veterinary method that assumes false person by driving alcohol or without a license and assumes false person, and there are several criminal records of fraud.

There is no special relationship or change of 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 of this case, the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

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

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