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(영문) 광주지방법원 2017.04.13 2017노447
유사수신행위의규제에관한법률위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (six months of imprisonment) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.

2. The fact that the judgment of the defendant recognizes his mistake and reflects his mistake, and that some of the investors do not want the punishment of the defendant is favorable to the defendant.

On the other hand, even though the defendant had already been punished twice for the same crime, and was in the period of suspension of execution for the same crime, the fact that the defendant's contribution was considerable is disadvantageous to the defendant.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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