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(영문) 광주지방법원 2017.07.20 2016노3052
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (two years of suspended sentence, two years of probation observation, and one hundred and sixty hours of community service in prison for ten months) so long as the Defendant was so unreasonable, and the prosecutor appealed from the lower court’s punishment too unfasible and unfair.

2. The fact that the defendant recognized all of his mistake and reflects it, and that the defendant compensated and agreed for considerable damages among the victims, is favorable to the defendant.

On the other hand, the fact that the defendant has already been punished for the same crimes several times, and that many victims are disadvantageous to the defendant.

In addition, considering the defendant's age (at the age of 21 years), sexual conduct, environment (the parent of the defendant promising the defendant to actively guide the defendant), motive and consequence of the crime, and circumstances shown in the arguments in this case, such as the circumstances after the crime, the court below's punishment is not deemed to be too heavy or unreasonable, and thus, the defendant and the prosecutor's argument cannot be accepted.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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