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(영문) 인천지방법원 2017.09.15 2017노2670

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The rationale behind the judgment is that the Defendant appears to reflect his/her criminal act, and that there is no previous conviction exceeding the fine, etc. are favorable circumstances.

However, in full view of various circumstances, including Defendant’s age, occupation, sex, environment, family relationship, motive and circumstance, crime and method, etc., which are factors of sentencing as shown in the records and arguments of this case, the sentence of the court below is too unreasonable, and thus, it cannot be accepted. Thus, the above argument by Defendant is not acceptable. The above argument by Defendant cannot be accepted. It is so decided as per Disposition by the assent of all participating Justices on the bench, except for the following: (a) Defendant’s age, occupation, sex, family relationship, motive and circumstance of crime, method of crime, circumstance after crime, etc.; and (b) Defendant’s punishment is too unreasonable.

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.