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(영문) 인천지방법원 2017.11.16 2017노3582

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the punishment prescribed by the court of the original instance (five months of imprisonment) is too unreasonable.

2. The judgment of the defendant seems to have led to the confession of the crime, and to reflect, and the part of the damage has been compensated, and there is also a circumstance in which he/she should raise children.

However, the criminal liability of the defendant is not against the law.

In 2014, the defendant has been sentenced to a fine for the same kind of fraud.

In addition, a sentence heavier than the original judgment is prohibited by Article 368 of the Criminal Procedure Act, because the victim was fully unable to recover the damage, and the victim was punished with heavy punishment against the defendant (in case of appeal filed only by the defendant). The court of the original judgment determined a sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is 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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