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(영문) 광주지방법원 2020.04.14 2020노273
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The fact that the Defendant recognized the instant crime is an element of sentencing favorable to the Defendant.

On the other hand, the fact that the defendant committed the crime of this case only 1 day after the defendant completed his her scam as a crime of fraud, that the defendant had been guilty of fraud over several times, that there has been a criminal conviction of threehh, and that the damage caused by the crime of this case has not been recovered, etc. are elements for sentencing 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 taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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