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(영문) 광주지방법원 2018.05.16 2018노734
사기
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 committed the instant crime repeatedly during the period of repeated crimes committed by the same kind of crime even though he/she had been tried several times, and that no damage recovery or agreement has been reached until the conviction of the party, strict punishment against the defendant is required.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the mother of the Defendant wants the Defendant’s wife; (c) the balance of sentencing with the same kind of crime; and (d) the Defendant’s age, sex and environment; (b) the motive, means, and consequence of the crime; and (c) the conditions of sentencing specified in the oral argument in this case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the Defendant and the prosecutor’s above assertion are too heavy or unreasonable, and thus, are 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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