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(영문) 광주지방법원 2016.03.23 2015노3567
사기등
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 (ten months of imprisonment) is too unreasonable.

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

2. The crime of this case is highly bad in the nature of the crime by deceiving money through employment; the damage suffered by the victim is not recovered due to the crime of this case and thus the injured person wants to punish the defendant; the defendant returned the 45 million won Won which the defendant delivered to H for employment solicitation and used it in full; however, the defendant's mistake is recognized and against all the defendant; while there is no criminal record for the defendant being punished in excess of the same criminal record or fine, it is more favorable for the defendant to take into account other various sentencing conditions specified in the argument of this case, such as the circumstances of the crime of this case, circumstances after the crime, the age of the defendant, sexual behavior, environment, etc., and it is not recognized that the court below's punishment is too heavy or unreasonable. Thus, the argument of the defendant and the prosecutor is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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