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(영문) 인천지방법원 2017.11.02 2017노3339
상습사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (six months of imprisonment) is too unreasonable.

2. It is recognized that the instant crime was committed on two occasions by the Defendant, and that the Defendant recognized and reflected the instant crime, and that the amount of damage was small, and the victims did not want the punishment of the Defendant by mutual consent with the victims.

However, the Defendant had been punished more than two times due to the crime without prison labor and fine due to the crime without prison labor and fine. Furthermore, the crime is not good, and the Defendant arrested a flagrant offender on May 24, 2017 due to the crime of paragraph (1) of the judgment below and completed the police investigation (the Defendant stated that he had no difficulty in undergoing an investigation into the state of drinking after the lapse of time, even though he had been released at around 22:42 on the same day, he was released from the police at around 23:00 on the same day, and that he was unable to commit the crime of paragraph (2) of the judgment of the court below, and that the police officer dispatched at the time did not know even during the repeated period due to the same crime of the same kind, and that there is no possibility that the Defendant would change the punishment of this case by taking account of the following circumstances: (a) the Defendant’s motive to commit the crime of this case and its age change; and (b) the Defendant’s motive to commit the crime of this case and other circumstances.

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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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