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(영문) 광주지방법원 2018.04.10 2018노890
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment of the court below recognizes all of the crimes of this case, and is contrary to the nature of the defendant, and the original agreement was reached in the court below, and the equality between the defendant and the defendant who received the judgment at the same time as the crime of violating the Traffic Act (drinking) on the road records of the crime as

However, the defendant has been punished three times including punishment for the same kind of crime, and in particular, even though he is a repeated crime due to the third fraud crime, he has committed the crime of this case.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, circumstances surrounding the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.

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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