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(영문) 광주지방법원 2017.07.19 2017노1808
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the Defendant repeatedly committed the instant crime during the period of suspension of the execution of the same kind of crime even though he/she had been convicted of several times of the same kind of crime, and that the Defendant did not recover from damage to the conviction, strict punishment against the Defendant is necessary.

However, considering the fact that the defendant has divided his mistake, that there is no criminal conviction against the defendant, and the age, sex and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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