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(영문) 광주지방법원 2016.08.17 2016노1508
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime was committed against the intellectual disabled and the elderly victims who are vulnerable to the instant crime, and the crime is not good.

There is no effort to recover victims' damage.

The defendant committed the crime of this case during the period of repeated crime.

This is disadvantageous to the defendant.

On the other hand, the defendant will not repeat the crime in the future by submitting a number of objections.

There is a variety of difference.

The defendant's pro-friendly birth also leads to the court of law and the defendant's wife.

In addition, comprehensively taking account of the following factors: (a) there is no special circumstance or change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment; (b) the background of the instant crime; (c) the circumstances after the instant crime was committed; (d) the Defendant’s age; and (e) the Defendant’s sexual behavior; and (e) various sentencing conditions revealed in the instant pleadings, such as the environment, etc., the Defendant and the Prosecutor’s assertion are without merit

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

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