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(영문) 광주지방법원 2015.07.16 2015노938
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years and six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant fully acknowledges his mistake, that the defendant agreed with the victim D, F, C, L, X, and that the victim L, U, and X continuously wanted to take the measures against the defendant, are favorable factors for sentencing.

However, the crime of fraud is committed against many victims during the period of repeated crimes where the period of parole has not expired, and the defendant has escaped abroad for a long period of time (from September 10, 2004 to May 23, 2014). It is an unfavorable sentencing factor, such as the fact that the amount of the defendant's defraudation is very large amount of KRW 47,300,000,000,000,000 for victims'O and R did not recover from damage. The damage to the victims of the agreed fraud was most not recovered.

In addition, in light of the fact that there is no change in circumstances that are different from the judgment of the court below in this court, the circumstances following each of the crimes of this case, various sentencing data shown in the arguments, such as the circumstances after the crime, the age, character and conduct, environment, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (the minimum of the recommended sentencing range for some crimes for which the sentencing guidelines are set forth: imprisonment of two years and six months to six years, and six years, and the sentencing guidelines are set in consideration of the scope of the recommended sentence for each of the crimes of this case). Thus, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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