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(영문) 광주지방법원 2019.05.28 2019노770
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 (eight months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of the Defendant is a favorable condition, such as the fact that the Defendant was found to have committed the instant crime, the fact that there is no previous conviction in fraud, and the fact that the Defendant is not healthy due to the cerebral emeration, etc.

On the other hand, the fact that the acquired amount of this case is not much than KRW 50 million, that is not recovered from damage, and that there is no agreement with the victim, and that the crime of this case seems to have led by the defendant, not the accomplice C, is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and comprehensively taking account of the following: the Defendant’s age, character and conduct, family relationship, circumstances after the crime, and the sentence of accomplice C, etc., the lower court’s punishment is too heavy or unreasonable.

Defendant

We do not accept the prosecutor's assertion.

3. The appeal by the defendant and the prosecutor 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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