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(영문) 인천지방법원 2017.05.11 2017노1031

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The grounds for appeal by the prosecutor are the reasons for appeal by the defendant that the punishment prescribed by the court of the original instance (six months of imprisonment) is too unreasonable because it is too unreasonable, and the prosecutor's appeal is too unreasonable.

2. Circumstances where judgment punishment is heavier: Defendant committed six times a repeated crime.

There are many criminal records, such as those who have been punished more than one hundred times due to the fraud of the same content.

There is no recovery of damage.

Circumstances that the punishment should be light: The defendant seems to have led to a crime and reflect his/her punishment.

No health shall be good.

The amount of damage is not so significant.

In addition to these circumstances, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, including the circumstances before and after the commission of the crime, the lower court’s sentence is not considered to be unfair.

The attached cases were sentenced to a separate punishment for crimes that could have been tried together with the instant case, and the judgment is in progress through the restoration of the right to appeal (the Suwon District Court 2017No. 1022). 3. As such, both appeals are without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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