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(영문) 인천지방법원 2012.07.06 2011노1339
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (a fine of three million won) is too unreasonable.

2. We examine the judgment, and the fact that the defendant recognized all of the crimes of this case is favorable to the defendant.

However, in comparison with the crime of this case, ① the crime of this case was committed by the so-called “non-defaculing” through the act of deceiving the victim, thereby undermining the pain of other “unfaculing type”, ② the defendant committed the crime of this case without any reflection despite the fact that he was sentenced two times to imprisonment and six times a fine due to the same criminal act, ③ the defendant committed the crime of this case, ③ the failure to recover damage up to the trial and did not agree with the victim; ④ the defendant did not appear in the trial process, ④ the defendant’s age, sex, family environment, circumstances before and after the crime, etc., and other various sentencing conditions as shown in the records and arguments are comprehensively taken into account, it cannot be deemed unfair because the defendant’s punishment against the defendant is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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