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(영문) 인천지방법원 2018.02.02 2017노3608
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

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

2. The judgment is a favorable condition that the defendant recognized his own crime, the victim's children want to take the action, and there is no record of the same kind of crime.

On the other hand, the fact that the amount acquired by the defendant is considerable to KRW 75 million, most of the damage was not recovered, and the fact that the defendant left the Republic of Korea after being investigated by the investigation agency for the crime of this case and stayed abroad for about 11 years, and the suffering of the victim was prolonged, and that the defendant did not receive a letter from the damaged person still.

In addition, in full view of the various circumstances that form the elements of sentencing as shown in the records and arguments in the instant case, such as the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment imposed by the lower court is too heavy or unreasonable, and thus, the unfair argument of sentencing by the Defendant and the prosecutor is rejected.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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