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(영문) 광주지방법원 2017.04.13 2017노189
사기
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 (in 10 months of imprisonment) so far as it is 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 defendant recognized all his mistake and reflected his mistake is favorable to the defendant.

On the other hand, it is an unfavorable circumstance to the defendant that the defendant has been punished twice for the same crime, that there are considerable damage to the victims, that the victims' damage has not been recovered considerably, and that the defendant has not received a letter from the victims.

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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