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(영문) 광주지방법원 2017.09.13 2017노2497
사기
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The judgment below

The part of the judgment [2017 order 207] on the crime shall be reversed.

The defendant's judgment [2017 Highest 207] is a crime.

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 crime of this case is not good, and that the defendant committed repeatedly the crime of this case even though he had a previous conviction in several times, strict punishment against the defendant is necessary.

However, the court below held that considering the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the sentence imposed on the defendant against the crime in this case as well as the situation after the crime was committed, the defendant agreed to the victimJ at the court below, the defendant's agreement was reached at the court below, the defendant did not have any criminal record, the defendant's judgment [2017 order 207], and the relation between the crime for which judgment became final and conclusive and the concurrent crimes after Article 37 of the Criminal Act should be considered at the same time under Article 39 (1) of the Criminal Act, and the defendant's argument in this case is without merit since the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstance after the crime was committed. Thus, the defendant's sentence imposed on the crime in this case is proper and too heavy or unfair. Thus, this part of the defendant and the prosecutor's argument in this part of the judgment is without merit.

3. In conclusion, the part of the judgment of the court below regarding the crime [2017 order 207 order ] of the defendant's decision [2017 order 207 order ] is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant and the prosecutor's appeal against the crime [2016 order 1689 order ] are without merit, and all of them shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

Criminal facts

The summary of the evidence and the judgment recognized by the court [2017 order 207 order] is a crime.

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