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(영문) 광주지방법원 2015.09.17 2015노316
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (fine 2.5 million won) is too unreasonable.

Judgment

The fact that the defendant acknowledges his mistake, the amount of damage is not a large amount, and the fact that the crime of this case is a concurrent crime between the previous conviction of the original judgment and the latter part of Article 37 of the Criminal Act, which has become final and conclusive, should be judged simultaneously and the principle of equality should be considered.

However, in light of the fact that there are many criminal records of the Defendant, and the fact that no damage has yet been restored to the Defendant, etc., the lower court is deemed to have determined the punishment by fully taking into account the circumstances favorable to the Defendant, and the fact that there is no change in circumstances that would vary between the lower court and the punishment of the Defendant, and other various sentencing materials in pleadings, such as the background of the crime in this case, circumstances after the crime, Defendant’s age, character, conduct and environment, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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