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(영문) 광주지방법원 2017.10.10 2017노2927
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant paid 3 million won to the thief victim, repaid 1 million won to the thief victim, thereby recovering part of the damage, and had no record of being punished for the same crime.

On the other hand, the defendant stolen the invoice equivalent to KRW 1,4680,000,00,000 as the borrowed money, and acquired it by fraud. Even though the amount of damage is very big, most of the damage was not recovered, and did not agree with the victims.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, 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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