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(영문) 광주지방법원 2018.04.19 2018노862
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (one hundred months of imprisonment) so long as the Defendant was too unafford, and the Prosecutor appealed from the lower court’s punishment so far as the Defendant’s punishment is too unaffortable and unfair.

2. The fact that the decision-making defendant recognizes his mistake and reflects his mistake, and that there is no record of punishment exceeding the same criminal record and fine, etc. are favorable circumstances.

On the other hand, in light of the details and methods of each of the crimes in this case, damages amount, etc., the nature of the crime is not less than that of the victim, and the fact that the victims did not agree with the victims is disadvantageous.

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, environment, etc., and other various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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