beta
(영문) 인천지방법원 2015.03.12 2014노4735

사기등

Text

The appeal by the prosecutor and the defendant shall be dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the prosecutor too unfasible and unfair with regard to the punishment imposed by the court below against the defendant (ten months of imprisonment), and the defendant asserts that it is too unfasible and unfair.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

The fact that the defendant is recognized to commit the crime is favorable. Although there are many criminal records of the same kind, the nature of the crime of this case is repeated again during the period of repeated crime, and it seems that there is no opening, the victims are many victims, the damage has not been recovered, and the defendant escaped during the trial of the first instance.

In full view of these circumstances, Defendant’s character, environment, motive, means, and consequence of the crime, and the conditions of sentencing as shown in the records and pleadings, it is not determined that the lower court’s punishment is too heavy or unreasonable.

3. As such, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the prosecutor and the defendant are without merit. It is so decided