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(영문) 인천지방법원 2020.10.08 2020노2120

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (4 months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The judgment of the defendant is a favorable condition that the defendant led to the confession of the crime of this case, and the victim was not punished against the defendant, and that the amount of damage is a relatively small amount.

On the other hand, the defendant has a record of criminal punishment several times for the same crime, and even during the period of repeated crime, it is disadvantageous that he/she is going to commit the crime of this case.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for the sentencing as indicated in the instant case, it cannot be deemed that the lower court’s sentence is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.