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(영문) 광주지방법원 2018.09.19 2018노1978
사기등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A is too inappropriate.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Determination

A. Considering the fact that the nature of the crime of this case by Defendant A is very good, that the defendant committed the crime of this case again even if he had the same criminal record at several times, and that the damage was not recovered or agreed until the depth of the case, strict punishment against the defendant is required.

However, considering the conditions of sentencing specified in the instant pleadings, such as the Defendant’s age, sexual conduct and environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy or unreasonable, and thus, the above argument by the Defendant and the Prosecutor is without merit.

B. Considering the fact that Defendant B’s crime of this case is not good, strict punishment against the Defendant is necessary.

However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is judged appropriate, and it is too unfair because it is too unfasible. Thus, the prosecutor's above assertion is without merit.

3. As such, the appeal by Defendant A and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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