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(영문) 광주지방법원 2015.11.19 2015노2488
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

2. The most favorable circumstance is that the defendant's mistake is divided and reflected, and that it is the situation in which one must support young children as the highest one.

However, the crime of this case is committed by the Defendant by acquiring approximately KRW 74 million in total from a large number of victims, which is not good in light of the law of the crime and the amount of damage, the fact that there is no agreement with the victims, the fact that there is a history of punishment for the same kind of crime, and the fact that there is no change in circumstances or circumstances that may be considered newly after the original judgment was rendered, and the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Commission (one year to two years and six months) / [the scope of recommending punishment] the aggravated area (one year and two years) of the aggravated area (one hundred million won) [special person] [in the event that the Defendant or the prosecutor commits the crime for an unspecified or large number of victims or repeatedly for a considerable period of time after the original judgment was rendered, there is no reason to believe that the above Defendant and the prosecutor's allegation are too heavy or unreasonable.

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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