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(영문) 광주지방법원 2017.05.16 2016노5068
공전자기록등불실기재등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment of the court below is too unreasonable, while the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. The instant crime was committed after the Defendant registered the establishment of a false legal entity and transferred the access medium to a legal entity’s name, and not only committed the crime as above during the repeated crime period, but also committed the crime in that the victim of telephone finance fraud occurred through the access medium transferred as above. It is not good that the crime was committed.

On the other hand, there is no record of the same crime, and there is no circumstance that the crime of this case shall be considered at the same time in relation to the crime of final judgment in the judgment below and the crime of this case of single concurrent crimes after Article 37 of the Criminal Act.

In full view of all the circumstances, such as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment in the instant case where there is no change in circumstances regarding sentencing conditions in the trial compared to the lower court’s judgment, is only within the scope of reasonable discretion and is too heavy or unbrupted and unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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