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(영문) 인천지방법원 2016.06.03 2016노1087

사기미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and four months, confiscation, and exchange) against the Defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The judgment of the court below recognizes the facts constituting a crime and reflects the victim, and some damaged items were returned to the victim. However, even though the majority of the victims and the total amount of damages were not much, the defendant did not make efforts to recover the damage, the defendant not only has been punished several times for the same kind of crime but also commits the crime of this case again during the repeated crime period due to the same crime, and the defendant seems to have high risk of repeating a crime in that he repeatedly commits a similar crime, there is no special circumstance or change of circumstances that can be considered in sentencing after the judgment of the court below was rendered, and in light of various circumstances that form the conditions of sentencing in this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the defendant's assertion is without merit.

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.