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(영문) 광주고등법원 2017.11.09 2017노408
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Judgment on the prosecutor's assertion of mistake of facts (the part not guilty in the court below)

A. According to the evidence presented in the assertion, even if this part of the facts charged as to the fraud of the loan is proved, the judgment of the court below which acquitted the defendant on this part is erroneous.

B. The lower court recognized the circumstances as indicated in its reasoning by comprehensively taking account of the adopted evidence, and based on this, proved that this part of the facts charged is beyond reasonable doubt.

It is difficult to see

The Court rendered a not-guilty verdict.

Examining the various circumstances cited by the lower court in a thorough and consistent manner with the record, there is no reasonable circumstance to deem that the lower court’s determination of evidence was clearly erroneous or that the argument leading to the acknowledgement of facts is significantly unfair due to the violation of logical and empirical rules.

We do not accept the Prosecutor’s assertion that the lower judgment erred by mistake in fact on the premise different from this premise.

2. The Defendant asserts that the sentence of the lower court is too excessive and unfair, and the prosecutor asserts that the sentence against the Defendant is too unfasible and unfair.

If there is no change in the sentencing conditions compared with the lower court, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the sentencing conditions compared with the lower court on the ground that the new sentencing data was not submitted by the said court, and there is no change in

In addition, the defendant, by deceiving two victims of money, has violated the Resident Registration Act, has not been properly recovered from the victims, and the defendant has committed the crime of this case without being aware of the fact that he had already been convicted of the suspension of execution due to the same crime two times or more.

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