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(영문) 인천지방법원 2015.04.17 2015노691
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (one year and two months of imprisonment) is too unreasonable.

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

2. It is recognized that: (a) the judgment was examined; (b) the Defendant came to the trial for the first time, and all of the crimes of this case are recognized; (c) the Defendant did not have any record of punishment for the same kind of crime; and (d) the Defendant partially repaid the damage; and

However, even though the damage caused by the instant fraud was high, the Defendant did not agree with the victim until the trial was held in the court, and the damage was not fully recovered, and the victim and the family members of the victim were complaining of having suffered considerable economic damage due to the instant fraud. Considering all of the sentencing conditions specified in the instant argument, such as equity with criminal punishment for the instant fraud of a size similar to the instant fraud, the Defendant’s age, character and conduct, the process and motive of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the court below is appropriate, and it is not deemed unreasonable because it is too heavy or too unreasonable. Thus, the Defendant and the prosecutor’s above assertion are without merit.

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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