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(영문) 광주지방법원 2016.11.02 2016노3033
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two months of imprisonment and one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination of the facts that each of the crimes of this case is not good, despite the fact that the Defendant had been punished several times for the same kind of crime, the Defendant committed each of the crimes of this case at the same time. In particular, each of the crimes of this case was committed during the period of repeated crime, and the Defendant did not agree with the victims or take any particular measures to recover damage until the time of the trial.

On the other hand, it is more advantageous to the following: (a) the Defendant’s first instance court acknowledged each of the crimes of this case in a net order and against it; (b) the amount of damage from the thief is not so significant; (c) some of the damage from the thief was temporarily returned to the victims; and (d) the crime of embezzlement of stolen property under paragraph (1) of the judgment of the lower court should take into account the equity between the first head of the crime in which the judgment of the lower court became final and conclusive and the case where the judgment is rendered simultaneously with the

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

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

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