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(영문) 광주지방법원 2017.06.28 2017노1676
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. In light of the fact that the accused repeatedly committed the instant crime even if he/she had the same criminal record in several times, and that the amount of fraud is considerably large, strict punishment against the accused is required.

However, considering the fact that the defendant repents his mistake, the fact that the defendant's previous conviction was prior to several years, and the age, sex and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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