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(영문) 광주지방법원 2013.07.05 2013노617
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. When taking into account the various circumstances against the defendant, each of the crimes under Articles 2, 3, 4-1, and 4-2 of the original judgment [Nos. 3-1, 4-3-1, 6, and 7 of the crime sight table 1, 6, and 7 of the crime sight table in Articles 2, 3-4 (1), and 4-2 of the original judgment] of the court below: Imprisonment with prison labor for 8 months (hereinafter “the first sentence”).

(1) The remaining crimes in the holding of the court below are too heavy.

B. In light of the content and nature of each of the instant crimes committed by the Prosecutor, each of the lower judgment’s punishments is too minor.

2. Determination is against all the crimes of this case, and in particular, in the case of sentence 1 of the original judgment, the fact that it is necessary to consider equity with the case subject to adjudication at the same time with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of which judgment became final and conclusive on May 16, 2012, etc.,

However, in light of the content and frequency of each crime, duration, number of victims, amount of damage, etc., such as the victim's misappropriation of personal information and forging and uttering a document under his/her name, etc., the crime is very poor, and even if the victims have not been recovered most of the damage up to now, it is a normal situation.

In full view of all the sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, and circumstances before and after the commission of the crime, the lower court’s respective punishment seems to be too light or bad. Thus, the Defendant’s assertion as above is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 346(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is

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