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(영문) 인천지방법원 2017.01.18 2016노3087

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable for each sentence of the lower court (Defendant A: 2 years of suspended sentence in one year and six months of imprisonment; 120 hours of community service order; Defendant B: one year of suspended sentence; two years of suspended sentence in one year of imprisonment; and 80 hours of community service order).

2. Although there are extenuating circumstances such as the Defendants’ recognition of the instant crime and the fact that there is a reason to take into account the circumstances leading to the instant crime, the fact that the lower court fully satisfied the victims’ damage and agreed to reach a full agreement on the part of the victims, etc. However, in light of the method of the instant crime and the amount of defraudation, the Defendants have been punished for the same crime, there is no special change in circumstances after the sentence of the lower judgment, and there is no other special changes in circumstances after the sentence of the lower judgment, and all the sentencing conditions indicated in the instant records and theories, such as the Defendants’ age, sexual behavior, occupation and environment, occupation and environment, the motive and circumstance of the instant crime, etc., as well as the circumstances after the crime, etc. are considered as favorable to the Defendants, each sentence of the lower court is too unreasonable even if it is considered as unfair.

Therefore, we cannot accept the Defendants’ above assertion.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.