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(영문) 인천지방법원 2018.12.18 2018노3624

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (4 months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the entire crime of this case and reflected his mistake, the total amount of damage of this case is relatively small, the victim D and G do not want the punishment of the victim at the investigation stage.

The statement, etc. is recognized.

However, although the crime of this case does not have the intent or ability of the defendant to pay the price, the crime of this case is committed repeatedly in light of the situation and method of the crime, etc., it is not good to be committed repeatedly at the victim's expense or taxi, and the defendant has been sentenced ten times or more including a large number of punishment due to the same kind of crime, and the defendant has been released from prison with the same crime and has committed the crime of this case again despite the repeated crime of this case. In particular, even though he was arrested in the front offender during the crime of this case and was investigated by an investigative agency, the crime of this case was committed again again. The type of the crime of this case repeated by the same number of laws and regulations, the attitude of the defendant's crime of this case, and the personal and social relationship to support the defendant are not adequate, and there is no change of circumstances that can be newly considered after the sentence of the court below, and the defendant's age, method and condition of the crime of this case cannot be considered too much as a result of the crime of this case.

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

However, with respect to the burden of litigation costs, the Criminal Procedure Act.