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(영문) 인천지방법원 2017.04.14 2017노235
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized that he/she committed his/her crime and reflects the Defendant; (b) the Defendant has no record of punishment other than one time fine; and (c) the Defendant paid KRW 4.2 million out of the damaged amount

However, the damage of the victim is not completely recovered, the victim seems to have a big impact on the image of the victim who is known to the public by relianceing on the defendant, and the victim suffered a big mental shock, and the defendant was unable to repay the damage due to copyright disputes between the defendant and the victim.

However, in full view of the following circumstances: (a) such dispute must be resolved as separate procedures, and it is difficult to justify the situation in which the damage was not repaid; (b) the court below rendered the lowest sentence on the sentencing guidelines recommended by the court below; and (c) other factors that constitute the elements of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, environment, sex, motive of the crime, circumstances before and after the crime, etc., the sentence imposed by the court below is too unreasonable, and thus, the Defendant’s wrongful assertion of sentencing is rejected.

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. It is so decided as per Disposition.

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