인천지방법원 2013.04.11 2012노2993



The defendant's appeal is dismissed.


1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the crime of this case and reflected in the criminal facts of this case, but the defendant was found to have been sentenced twice as a single criminal act, and the damage recovery was not proper even though the defendant had given considerable time to recover damage until the trial was in the court. In full view of the defendant's age, character and conduct, family environment, circumstances leading to the crime of this case, and results, it cannot be deemed that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.