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(영문) 인천지방법원 2020.05.14 2019노4060
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 to the defendant (six 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 fact that the judgment defendant led to the confession of the crime of this case, and his efforts to recover part of the damage is favorable.

On the other hand, the fact that the defendant committed the crime of this case even during the period of repeated crime and that some victims' damage has not been recovered is disadvantageous.

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 indicated in the instant case, it cannot be deemed that the sentence imposed by the lower court 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.

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