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(영문) 광주지방법원 2016.05.18 2016노781
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 circumstances are favorable to the fact that the defendant recognized his/her mistake and reflected his/her punishment, the fact that he/she has not been sentenced, and that some victims have agreed with him/her.

On the other hand, it was not possible to agree with the victim C until the trial of the party. The victim C consistently sought a severe punishment against the defendant from the investigation stage to the trial of the party, and the victim C appears to have suffered a huge mental and economic suffering due to the crime of this case. The defendant has the record of being sentenced twice a fine due to fraud. The crime of this case is a case where the defendant borrowed money from the victim C who became aware of in the group of friendship and borrowed money from a large number of persons related to the construction project, and the crime is not good.

In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too heavy or unreasonable, and thus, the aforementioned argument by the Defendant and the Prosecutor is without merit.

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

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