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(영문) 광주지방법원 2021.02.09 2020노3105
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (two years of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s above sentence is too unhued and unfair.

2. Determination is an element of sentencing favorable to the Defendant, such as the fact that the Defendant recognized each of the instant crimes, the victim R, the victim P, and the agreement with the victim C, the Defendant did not have any criminal records exceeding the same kind and fine, and the fact that the gains acquired by the Defendant are not significant compared

On the other hand, it seems that the total amount of damage caused by a crime that has been committed nine times is 98,170,028 won and most damage has not been recovered (the agreed victims have been paid only part of the amount of damage), and that the defendant did not have a low degree of dolusence that the defendant participated in Bosing, and that there is a need to punish the crime related to Bosing, which is disadvantageous to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, when comprehensively considering the Defendant’s age, sex, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., all of the sentencing conditions indicated in the instant pleadings, such as the circumstance after the crime, the lower court’s punishment is only within the reasonable scope of discretion, and is not deemed to be unfair because it is too heavy or unfeasible.

3. Conclusion, the appeal by the defendant and the prosecutor is without merit, and 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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