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(영문) 광주지방법원 2019.01.23 2018노3488
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. It is recognized that the defendant's mistake is divided, and each of the crimes of this case is in concurrent crimes between the crimes for which each judgment has become final and the latter part of Article 37 of the Criminal Act, and that the principle of equity should be taken into account in the case of concurrent crimes under Article 39 (1) of the Criminal Act.

However, in light of the fact that the nature of the crime of this case is not very good, that the defendant committed the crime of this case again even though he had been tried for the same kind of crime, that the defendant committed the crime of this case repeatedly, that the amount of damage was considerable but did not reach the judgment of the court, and that the sentencing balance with the same crime was not reached until the trial of the court, the sentencing balance with the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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