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(영문) 광주지방법원 2016.11.30 2016노3513
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (crimes No. 1 and 2 in the original judgment: Imprisonment with prison labor for 10 months, and crimes No. 3 in the original judgment: Imprisonment with prison labor for 2 months) is too unreasonable.

2. The defendant recognized all his mistake and is in depth against his depth.

The only agreement with the victim is reached, and the victim L does not want to be punished by the defendant.

There is a position in which the defendant should support young children (12 years of age, 2 years of age).

On February 24, 2015, which is a concurrent crime under the latter part of Article 37 of the Criminal Act, the crime Nos. 1 and 2 of the judgment of the court below, needs to be considered the equity between the case of the judgment and the case of the judgment at the same time with a criminal

This is the circumstances favorable to the defendant.

On the other hand, there is no agreement with the victim C and H or no effort for the recovery of damage.

The defendant has been punished several times due to the same crime of fraud.

Although the defendant had committed each of the crimes of this case even during the period of repeated crime, in particular, the crimes No. 1 and No. 2 of the original judgment committed the crimes of this case, which were committed after the expiration of the term of punishment for the same kind of crime.

In addition, considering that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, comprehensively taking into account various sentencing conditions that are shown in the pleadings of the instant case, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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