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(영문) 광주지방법원 2016.05.12 2015노3201
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The fact that the defendant's judgment reflects his fault is favorable to the defendant.

On the other hand, the following is disadvantageous.

The nature of the crime is poor by repeatedly committing the crime for a considerable period of time by the defendant.

Although the amount of damage caused by the Defendant’s fraud was not significant, the victims did not receive any compensation.

The Defendant was punished for the same crime, and in particular, committed the instant crime during the period of suspension of execution.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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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