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(영문) 광주지방법원 2017.04.26 2017노437
사기
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 (one year of imprisonment) is too unreasonable.

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

2. The judgment is a favorable condition that the defendant made a confession of each of the crimes of this case and reflects his mistake in depth, and that the defendant has no record of being punished for the same kind of crime.

On the other hand, each of the crimes of this case is not good in light of the developments and methods, etc., and the amount of damage caused by each of the crimes of this case is large of KRW 140,60,000, and the amount equivalent to the above amount of damage has not been repaid.

In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of each of the instant crimes, the circumstances after the commission of the crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or it is deemed unfair as it is fluent. Thus, the Defendant

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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