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(영문) 광주지방법원 2013.12.20 2013노2364
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. When considering the various circumstances of the defendant's defendant, the punishment of the court below (three months of imprisonment) is too unreasonable.

B. In light of the content and nature of the instant crime committed by the prosecutor, the lower court’s punishment is too unfasible and unreasonable.

2. The crime of this case is committed by deceiving the victim by deceiving the victim by means of a false statement that the defendant purchased the land, and the nature of the crime is not good, and the defendant has obstructed contact with the victim for a long time after the crime of this case, and even if the defendant did not recover from the damage of this case, it is disadvantageous to the defendant, however, that it is against the defendant at the time of the crime, but it is necessary to consider its equity in relation to the concurrent crimes of embezzlement for which the judgment became final and conclusive on April 24, 2010 and the latter part of Article 37 of the Criminal Act, including the fact that the defendant has the wife and two children, and other favorable conditions for sentencing under Article 51 of the Criminal Act, including age, character, character, environment, etc. of the defendant, the defendant and the prosecutor's assertion of all of the defendant and the prosecutor are without merit.

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

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