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(영문) 광주지방법원 2015.10.06 2014노2685
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (six months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

Judgment

In light of the following circumstances: (a) the amount acquired by the Defendant through the instant crime is about KRW 16 million; (b) the amount repaid by the Defendant agreed with the victim and agreed upon with the victim at the time of the trial; (c) the amount of punishment was only KRW 3.8 million; and (d) the Defendant’s age, character and conduct, environment, and various kinds of sentencing conditions on the instant records and the scope of recommended sentencing guidelines (two months to one year and six months), it cannot be deemed that the lower court’s punishment 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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