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(영문) 광주지방법원 2018.07.18 2018노1282
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is divided into his mistake, and the crime of this case is established in relation to the crime of fraud for which the judgment has become final and the concurrent crimes of the latter part of Article 37 of the Criminal Act, and the equality with the case to be judged at the same time under Article 39(1) of the Criminal Act should be considered, and the victim does not want the punishment of the defendant.

However, considering the fact that the nature of the crime of this case is not good, that the defendant committed the crime of this case again in spite of the previous convictions of several times, that the defendant committed the crime of this case again, even though the amount of damage is not high, and the complete recovery of damage has not been made until the trial of this case is in mind, the balance of sentencing with the same crime of this case, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case such as the circumstances after the crime of this case, it is not recognized that the sentence of the court below is too unreasonable, and

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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