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(영문) 광주지방법원 2017.04.26 2017노45
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 accused again committed the instant crime even though he had the same criminal record, and the nature of the instant crime is very poor, strict punishment against the accused is required.

However, taking into account the following circumstances: (a) the Defendant’s mistake is already divided in depth; (b) the Defendant deposited some money for the victim’s recovery; and (c) the Defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (e) the sentence imposed by the Defendant is too heavy or unreasonable; and therefore, 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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