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(영문) 광주지방법원 2017.01.25 2016노4641
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are favorable, such as the fact that the Defendant’s mistake was properly recognized and reflected by the Defendant, and that the Defendant did not punish the Defendant due to the Defendant’s unanimous agreement with the victim.

On the other hand, on December 24, 2014, the defendant committed the crime of this case without being among the persons despite the fact that he was sentenced to the 10-month imprisonment with prison labor by the Gwangju District Court on December 24, 2014, and the fact that the amount acquired by the victim is not significant.

In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., various sentencing conditions as shown in the pleadings of the instant case, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, etc., the Defendant’s assertion is without merit.

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

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