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(영문) 광주지방법원 2018.01.09 2017노3744
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case.

However, each of the crimes of this case committed an act of fraud under the Act on the Acquisition of Goods by Fraud through the Internet without any specific reason and committed an injury and a special assault without any justifiable reason, while threatening the victim to commit a used motor vehicle equivalent to KRW 12.5 million by threatening the victim, and the crime is considerably heavy in light of the victim's damage or repetition of the violence crime.

After having been punished as a crime of the same kind of violence in 2015, the Defendant again committed the crime of the same kind of crime without being aware of it even though he was sentenced to a fine on one occasion during the suspension period, and again committed the crime of the same kind of crime, and the victims have not been recovered until now.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, circumstances surrounding the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.

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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