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(영문) 인천지방법원 2014.06.19 2014노497

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment with prison labor and two years of suspended execution) is too unreasonable.

2. The judgment of the court below is the confession of the defendant, the defendant is against himself, and the 3.5 million won is deposited for the victim, the facts that the crime in question was established in the judgment of the court below and the crime in this case constitutes ex post concurrent crimes are favorable, but the defendant did not agree with the victim, and the amount of damage was not fully repaid. The court below seems to have suspended the execution of the punishment when sentenced to imprisonment with prison labor in consideration of the above favorable circumstances, and other circumstances such as the motive and circumstance leading up to the crime in this case, the situation leading up to the crime in question, the age, character and conduct, environment, occupation and family relation of the defendant, etc., are considered, and the punishment of the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.