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(영문) 광주지방법원 2015.10.07 2015노599
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for six months of imprisonment) is too unreasonable;

2. The judgment of the court below is acknowledged to have recognized the defendant's mistake and reflect, agreed with the victim, and the fact that the defendant's health is not good due to cerebral lapsy, but the court below seems to have determined the punishment in consideration of all the above favorable circumstances. On the other hand, even though the defendant had been punished twice as a crime of fraud in 201, the defendant again committed the crime of this case, even though he had the record of being punished for suspended execution on two occasions in 201, and other various sentencing conditions in the argument of this case, such as the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, etc., are not recognized to be unfair because the court below'

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

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