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(영문) 인천지방법원 2014.09.26 2014노2731

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy or unreasonable for the sentence imposed by the court below on the defendant (six months of imprisonment).

2. We also examine the grounds for appeal by the Defendant and the Prosecutor.

In full view of all the circumstances, such as the fact that the Defendant was found to have committed the instant crime at the latest time when the Defendant was in the trial, the instant crime was committed before and after the judgment of the court below, the fact that the Defendant was able to be tried simultaneously with the instant crime, the fact that there was some exemption from taking into account the circumstances with respect to the instant crime, the fact that there was a family member to support the Defendant, and the amount of damage from the instant crime, and the fact that the damage was not recovered even after the considerable period of time has elapsed after the instant crime, and other unfavorable circumstances such as the Defendant’s character and behavior, environment, relationship with the victim, the motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc., it is recognized that the sentence imposed by the court below against the Defendant is adequate.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.