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(영문) 광주지방법원 2016.04.26 2016노440
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. On March 17, 2015, the Defendant appears to have committed a second offense even after being tried for a previous fraud in the case of a crime committed on March 17, 2015.

In addition, the damage caused by one crime has not yet been recovered, and the fact that the victim wants to punish the defendant is an element of sentencing disadvantageous to the defendant.

However, since the instant crime was committed before a final and conclusive sentence of six months of imprisonment due to the previous crime of fraud, the punishment should be determined in consideration of equity in cases where the Defendant was tried at the same time for the instant crime of fraud and the final and conclusive fraud.

In addition, considering the various factors of sentencing, such as the defendant's age, sex, environment, etc., the punishment determined by the court below against the defendant is within the proper sentencing range, and is not recognized as unfair because it is too heavy or unbrupted.

Therefore, the defendant and prosecutor's argument of sentencing is without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, 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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