beta
(영문) 인천지방법원 2016.07.06 2016노1469

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and four months of imprisonment) is too unreasonable.

2. In light of the circumstances asserted by the Defendant on the grounds of appeal, even if there is no change of circumstances after the judgment of the court below, and the sentencing conditions as shown in the records and arguments of this case are compared with the reasons for sentencing of the court below, the sentence of the court below is too unreasonable.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure). However, the “a summary of evidence” of Article 3 of the “aC” of the judgment of the court below under Article 25 of the Rules on Criminal Procedure shall be sealed as “D’s statement”, and the “application of statutes” of Article 239 of the Criminal Act in Article 7 is deemed as “Article 329 of the Criminal Act” in Article 5 of the Rules on Criminal Procedure.