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(영문) 인천지방법원 2016.10.26 2016노2894

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year and two months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case has been committed repeatedly against many victims of judgment for a long time, the damage has not been recovered, and there are many records of punishment as a crime of fraud under the same law. In particular, the fact that the crime of this case was committed during the suspended execution period is disadvantageous.

However, in light of favorable circumstances, such as the confession of the Defendant to commit the instant crime, and the fact that the Defendant’s mistake is against his depth, and that it appears to result in the instant crime during his life, and other favorable circumstances, such as the Defendant’s age, character, conduct, occupation and environment, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.