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(영문) 광주지방법원 2018.11.14 2018노2719
사기
Text

All appeals by the defendant and 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. Considering the fact that the nature of the instant crime is not good, and that the amount of damage is considerable, but most of the agreements or the recovery of damage is not reached, strict punishment against the Defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant has no other criminal history except the Defendant’s one-time suspension of indictment; (c) the victim G appears to have been recovered in most cases; and (d) the victim E appears to have been refunded part of the amount of damage; (b) the balance of sentencing with the same kind of crime, the Defendant’s age, sexual conduct and environment, motive, means and consequence of the crime; and (c) the various conditions of sentencing specified in the instant argument, such as the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be appropriate; and (d) the Defendant and the prosecutor’s argument are too heavy or unbrupted so that it is unfair

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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