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(영문) 광주지방법원 2019.01.16 2018노3260
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The scope of a party member's inquiry is limited to the part which the court below found guilty on the part of the facts charged in this case, and found guilty on the remaining facts charged, and since the defendant appealed only to the conviction and the part of dismissing the prosecution without appeal by the defendant and the prosecutor became final.

2. The sentencing of the lower court is too inappropriate.

3. It is recognized that the Defendant’s mistake is divided, that there is no criminal conviction against the Defendant, that the Defendant has agreed with most victims, that the Defendant’s health is not good, that the obstruction of exercise of right of this case is in concurrent crimes with the crime of fraud, etc. for which judgment has become final and conclusive, and that the principle of equity with the case of concurrent crimes under Article 39(1) of the Criminal Act should be considered.

However, the crime of this case is not good, and the defendant committed repeatedly the crime of fraud and special intimidation again during the suspension period of execution for the same kind of crime even though he had been tried at several times, and the victim corporation did not recover or agree to the injured party corporation until the trial was held. In addition, considering the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, it is deemed that the sentence of the court below is too unreasonable. Thus, the defendant's above assertion is without merit.

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

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