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(영문) 광주지방법원 2018.10.11 2018노674
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. In light of the period, method, amount of damage, etc. of each of the crimes of this case, it is disadvantageous that the Defendant committed the crime of this case even if he had been punished several times as a same crime including imprisonment with prison labor and was in the period of repeated crime resulting therefrom, etc.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake, and for the defendant to pay a considerable amount of damage up to the trial of the party and to agree with the victim that the damaged person does not want the punishment of the defendant.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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