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(영문) 광주지방법원 2016.11.03 2016노2743
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant has a record of criminal punishment over 20 times in prison, including imprisonment twice for the same crime.

In addition, the crime of this case was committed on the draft of the release after having been sentenced to imprisonment with prison labor for the same crime.

In light of these criminal records, the risk of recidivism seems to be very high.

The damage was not recovered at all.

On the other hand, the fact that the defendant recognizes and reflects the crime, and that the sum of the acquired money is a small amount of 54,200 won is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant 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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