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(영문) 인천지방법원 2018.07.20 2018노1345

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. The defendant committed each of the crimes of this case at the same time, even though he had the history of criminal punishment several times for the same crime, and the defendant led the loan fraud of this case, and the amount of damage is considerable and not sufficient to commit the crime, but there are some points to consider the circumstances unfavorable to the defendant, the circumstances leading the defendant to commit the loan fraud, the circumstances leading the defendant to commit the loan fraud, the circumstances leading the defendant to not agree with the victim of the loan fraud, and the circumstances that the defendant did not agree with the victim of the loan fraud, and the above victims do not want the punishment of the defendant by mutual consent with the two victim of the assault at the court. When comprehensively considering the sentencing conditions indicated in the records, such as the defendant's age, sexual behavior, environment, circumstances of the crime, the circumstances after the crime, etc., the court below's punishment is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.