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(영문) 제주지방법원 2018.08.16 2017노611
사기등
Text

The defendant's appeal is dismissed.

Reasons

Of the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution regarding assault and assault, and rendered a judgment of conviction as to the remainder of the facts charged. Since only the Defendant appealed to the conviction portion among the lower judgment, the dismissal portion of the public prosecution for which the Defendant and the Prosecutor did not appeal was

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (the punishment amounting to KRW 12 million) is too unreasonable. However, in full view of the various circumstances that form the conditions for sentencing specified in this case, the punishment imposed by the court below is too unreasonable and it is not recognized that the punishment imposed by the defendant is unfair, and therefore, the above argument is without merit (Provided, That the "four out of the five persons" in Article 10 of the judgment below is deemed to be "five out of the six persons" in Article 364 (4) of the Criminal Procedure Act. Accordingly, the appeal by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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