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(영문) 광주지방법원 2018.10.18 2018노1294
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (eight months of imprisonment) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

2. The following facts are that the amount obtained by the Defendant from the victim exceeds KRW 4,3210,00,00, and that the circumstances after the crime are not good, such as the Defendant’s escape immediately from the date when the Defendant received KRW 2,3210,00,00 from the victim, and that the victimized person is seeking punishment against the Defendant by failing to pay even some of the damages.

On the other hand, the fact that the defendant reflects the crime, and that there is no record of punishment for the same crime is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor and the Defendant’s assertion are without merit, on the grounds that the lower court’s punishment is too weak or unreasonable.

3. The final prosecutor and the defendant’s appeal are all groundless, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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