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(영문) 광주지방법원 2019.01.30 2018노3354
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court is too inappropriate on the grounds of appeal.

(2) The appellate brief, etc. submitted after the lapse of the appellate brief shall be determined within the scope of supplement in case of supplemental appellate brief, and no separate judgment shall be made on the argument that is not entirely written in the appellate brief).

However, it is not good that the crime of this case is committed, the defendant committed again even if he had been tried for the same kind of crime, the amount of damage was reasonable, but no damage recovery or agreement has been reached due to the crime of this case until the court of the trial. In addition, considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, it is deemed that the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

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

However, the “Written Statements 1. C and G” in Part II of the lower judgment is the Prosecutor’s Office’s protocol on 1.1. G;

1. Since it is obvious that it is a clerical error in the C’s written statement, the judgment of the court below is modified under Article 25(1) of the Regulation on Criminal Procedure,

.

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