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(영문) 인천지방법원 2018.06.08 2018노956

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court on the Defendant is too uneasible.

2. The judgment: (a) the Defendant recovered damage to some victims of the crime of fraud; (b) the amount of damage caused by the crime of fraud was not significant; (c) was favorable to the Defendant; or (d) the Defendant committed each of the instant frauds over 17 occasions from November 8, 2017 to November 12, 2017 without being able to prevent the Defendant from committing each of the instant frauds; and (d) made another person’s copyrighted works or distributed obscene materials on the Internet. It is not good that the crime was committed.

In addition, when comprehensively considering the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too heavy or unreasonable.

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