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(영문) 인천지방법원 2016.08.26 2016노1411

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The judgment of the court below has a favorable condition to the defendant, such as the fact that the defendant agreed smoothly with the victim. However, the crime of this case was committed in collusion with C or with the defendant's age, sex, environment, motive, background, method, frequency, size, degree of participation in the crime, etc., and all of the sentencing factors of this case revealed in the arguments of this case including the following facts: (a) deceiving the victim and deceiving him; (b) the crime of this case is very poor in light of the circumstance, method, frequency, size, etc. of the crime; (c) the defendant was actively involved in the crime of this case; (d) there was a history of criminal punishment several times for the same crime; (e) the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case; and (e) other factors of the defendant's age, sex, environment, motive, method, degree of participation in the crime, degree of participation in the crime, etc. after the crime.

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.