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(영문) 광주지방법원 2017.10.25 2017노3072
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

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

2. It is recognized that Defendant A’s mistake is divided, and the amount of damage caused by the instant crime is relatively small, and the instant crime is in the concurrent crime relationship between Defendant A, for which judgment has become final and conclusive, and Defendant A’s concurrent crimes after Article 37 of the Criminal Act and the latter part of Article 39(1) of the Criminal Act must consider equity with the case where judgment is rendered at the same time in accordance with Article 39(1)

However, the crime of this case is not good; Defendant A again committed the crime of this case during the period of repeated crime committed by the same kind, even though Defendant A had been tried several times, and even during the period of repeated crime of the same kind; Defendant A again committed the crime of this case during the period of repeated crime; damage recovery or agreement has not been reached up to the trial; Defendant B’s relationship; Defendant B’s acquisition of criminal proceeds; Defendant A’s age, sex and environment; motive, means and consequence of the crime; and other conditions of sentencing specified in the pleadings of this case, such as the circumstances after the crime, are considered, and thus, the sentence of the court below is too unreasonable. Thus, the above assertion by

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

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