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(영문) 광주지방법원 2020.05.21 2019노2627
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both claims of the judgment.

The Defendant committed the instant crime even though he/she had been sentenced to imprisonment with prison labor, among them, even though he/she had committed the instant crime, and the fact that the damage was not recovered until four years have passed since the date of the instant crime is disadvantageous to the Defendant.

On the other hand, the principle of equity in the case that a judgment has been rendered simultaneously with a crime of fraud, etc. is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, home environment, motive and background of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are not acceptable.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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