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(영문) 광주지방법원 2015.10.27 2015노325
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (eight months of imprisonment, two years of suspended execution) is too unreasonable.

Judgment

The fact that the defendant paid damages to the victims of the crime of fraud, and that the victims of the crime of extortion agree with them is more favorable.

However, the Defendant, by threatening public officials working at the Victim Association (hereinafter “KCO”), concluded an online shopping mall establishment contract and received the down payment, which is ordered by the KIC. In full view of the unfavorable circumstances, such as the fact that the nature of the crime of attack and attempted to commit the crime of attack, the fact that the amount that the Defendant acquired or attempted to acquire by the act of attack reaches 10 million won in total, and other unfavorable factors, including the Defendant’s age, character and conduct, environment, and all of the sentencing conditions stated in the records of this case, and the scope of the recommended sentencing guidelines (one month to four months in imprisonment), it cannot be deemed that the lower court’s sentence is too unreasonable.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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