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(영문) 전주지방법원 2018.08.23 2018노867
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The judgment of the court below is an unfavorable circumstance to the defendant, where the crime of this case was committed by deceiving the victim who had a relationship with the defendant, and by deceiving the victim with the amount of KRW 1,50,000,00, which is not good for such crime, and did not take any measures to recover the victim's damage up to the trial. The defendant has the same criminal record, and the victim F seems to be in a situation where economic difficulty is considerably difficult due to the crime of this case.

On the other hand, it is favorable for the defendant to make a confession and reflect all of the crimes of this case, and the defendant has no record of punishment heavier than the suspended sentence due to the same crime.

In addition, in full view of the various conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, and background leading to the instant crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s sentencing was too heavy or unhued, thereby exceeding the reasonable scope of discretion.

It does not seem that it does not appear.

Therefore, we do not accept all the defendant's and prosecutor's argument of sentencing.

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

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