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(영문) 광주지방법원 2016.07.26 2016노1347
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (four months of imprisonment with prison labor), the Defendant asserts that the Defendant was too unfasible and unfair, while the prosecutor appealeded against each other by asserting that it is too unfasible and unfair.

2. The judgment defendant has only been punished once by a fine due to embezzlement, and there is no record of punishment for the same crime.

On the other hand, the Defendant, even though he did not think of the delivery of the iron to the victim, had deceiving the victim, and did not make any effort to recover the damage.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

3. As such, the appeal 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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