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(영문) 광주지방법원 2017.05.17 2017노1140
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable, such as the Defendant’s confession of each of the instant crimes and reflects his mistake in depth, the fact that the Defendant agreed with the victim D and E, and that the Defendant did not have any history of punishment exceeding the fine.

On the other hand, the total amount of damages caused by each of the instant crimes reaches approximately KRW 200 million, and the fact that the Defendant did not agree with the victim G and H up to the trial of the party is disadvantageous.

In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or unfluent, and thus, the Defendant and the Prosecutor’s assertion is without merit

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

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