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(영문) 인천지방법원 2016.08.31 2016노2352

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. There is no change in circumstances that could consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and arguments of this case and the reasons for the sentencing of the court below, even if considering the circumstances asserted by the defendant and the prosecutor on the grounds of appeal, the court below’s punishment is too heavy or it does not seem unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the sentence of "in June 1, 2014" (Article 25(1) of the Rules on Criminal Procedure shall be construed as " June 11, 2014" (Article 25(1) as "the sentence of imprisonment without prison labor," excluding a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Military Service Act," and excluding a violation of the Military Service Act and a violation of the Act on the Settlement of Traffic Accidents (Article 7).