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(영문) 인천지방법원 2016.06.29 2016노1465

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. A favorable circumstance is that the Defendant, who made a judgment, led to the confession of the instant crime and reflects his mistake, and that the sum of the amount acquired by deceit is not larger than 6.50,000 won

However, considering the defendant's age 20 years of age, considering the defendant's unfavorable circumstances, such as the fact that there is no special change in circumstances that will be reflected in the sentencing after the sentence of the court below, such as the fact that there is a history of receiving juvenile protective disposition several times of the same crime despite the age of 20 years of age, and the damage does not recover, the defendant's age, sexual behavior, occupation and environment, motive and circumstance leading to the crime of this case, and all other sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime of this case, the court below's punishment is too excessive and unfair. Thus, the defendant's argument is without merit [the defendant was sentenced from April 27, 2016, the head of Suwon method (2016No998) to be sentenced from special larceny, etc., and is still pending in Supreme Court Decision 2016Do6895 Decided as of April 27, 2016.

Before separate cases become final and conclusive, the separate cases that are not in the relationship between the instant case and the latter part of Article 37 of the Criminal Act have become final and conclusive later, and considering the fact that equity should be taken into account with the case of concurrent judgments in the instant case due to the relationship between the two concurrent crimes after Article 37 of the Criminal Act, the sentencing of the lower court is not likely to be mitigated.).

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.

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