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(영문) 광주지방법원 2019.01.09 2018노3187
사기
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not good, the amount of damage is considerable, but no agreement is reached until the trial is held, strict punishment against the Defendant is required.

However, the Defendant’s mistake is divided, and the offense of this case is in the concurrent relationship between the crime of fraud for which judgment has become final and the concurrent crime under the latter part of Article 37 of the Criminal Act, the equity between the case to be judged at the same time under Article 39(1) of the Criminal Act is to be taken into account; the Defendant has no previous conviction; and considering the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed that the Defendant and the prosecutor are too heavy

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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