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(영문) 광주지방법원 2017.05.17 2017노1260
사기
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A is too inappropriate.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Determination

A. Considering the fact that the nature of the crime of this case by Defendant A is considerably good, and the degree of the participation of Defendant A in the crime of this case is not weak, strict punishment against the Defendant is necessary.

However, considering the following factors: (a) Defendant A’s mistake is divided; (b) Defendant A cooperates in the investigation; and (c) Defendant A’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the pleadings of the instant case, such as the circumstances after the crime, etc., the sentence imposed by the lower court to Defendant A is deemed appropriate; and (b) it does not seem unfair because it is too heavy or too heavy; and (c) Defendant A and the Prosecutor’s above assertion are without merit.

B. In full view of the various matters and the applicable sentences that are the conditions of sentencing in the judgment of Defendant B, C, and D, the judgment of the court below on Defendant B, C, and D is deemed to belong to the reasonable scope of discretion, and there is a change in the conditions of sentencing when it comes to the trial of the party.

Considering the fact that it cannot be seen, the prosecutor’s above assertion is without merit, since the lower court’s punishment is too unfilled and unreasonable.

3. As such, the appeal by Defendant A and the prosecutor is without merit, and 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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