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(영문) 광주지방법원 2018.10.17 2018노2412
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the judgment of the defendant is divided into his mistake, that the defendant agreed with the victims, that the crime against the victim D is a final and conclusive crime of fraud and the concurrent crime of the latter part of Article 37 of the Criminal Act, and that the case of judgment and equity should be considered in accordance with Article 39(1) of the Criminal Act.

However, the crime of this case is not good, and the defendant again committed each of the crimes of this case during the period of repeated crimes even though he had been tried for the same kind of crime, and even during the period of repeated crimes for the same kind of crime, considering the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable since the defendant's above assertion is without merit, considering the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench. However, since it is evident that “the crime of fraud” under Article 1 of the judgment of the court below is a clerical error in the “crime of fraud, etc.” under Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below is to be modified

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