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(영문) 인천지방법원 2014.02.13 2013노3752
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and six months of imprisonment) by the court below is too heavy or unreasonable.

2. Considering the favorable circumstances, such as the Defendant’s confession, the fact that the Defendant committed the instant crime without being subject to a suspended sentence for the same type of crime, which is favorable to the Defendant’s partial agreement with or was discharged from the victim, and the fact that the instant crime was committed again without being subject to a suspended sentence, and the equity with the case where a judgment was rendered with respect to some of the crimes, should be taken into account; the Defendant’s suspended sentence was revoked, and the Defendant’s age, character and conduct, background and consequence leading to the instant crime; and other various sentencing conditions specified in the instant records and arguments, such as the circumstances before and after the instant crime, it is not deemed that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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