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(영문) 광주지방법원 2019.03.19 2018노3675
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 1,00,000) of the lower court is too unreasonable.

2. It is advantageous to the following: (a) the Defendant recognized the instant crime; (b) the amount of damage is not much; and (c) the equity between the Defendant and the Defendant’s receipt of the judgment at the same time as each of the criminal records entered in the judgment of the lower court

On the other hand, the fact that the defendant has been punished several times for the same crime, the fact that the defendant committed the crime of this case in the course of investigation and trial for the same crime, and the fact that the victim did not pay damages is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

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

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