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(영문) 광주지방법원 2020.11.19 2020노1656
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both claims of the judgment.

The sum of the amount acquired by the Defendant is large, there are many victims, the amount of unpaid damage is large, and the victim did not receive a letter of use from the victims, the Defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime, and the Defendant committed the instant fraud even during the suspension of execution, and there are several penalties for drinking driving.

On the other hand, the fact that the defendant has repaid some of the money obtained through deception or has returned some of the goods acquired through deception, the defendant has no record of criminal punishment exceeding the fine due to drunk driving, and the punishment for the last drunk driving was in 2015, which is favorable to the defendant.

In addition, even if comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the Defendant’s age, character and conduct, motive of the crime, and circumstances after the crime, the lower court’s punishment is too heavy or it is deemed that it exceeded the reasonable scope of discretion.

Therefore, both parties’ assertion of unfair sentencing is rejected.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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