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(영문) 인천지방법원 2017.09.15 2017노1593
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) (the sentence of imprisonment with prison labor for one year, two years of suspended execution, and eight hours of community service order) is too unreasonable.

2. However, even though the fact that the Defendant led to the confession of the crime and that the Defendant agreed smoothly with the victim is recognized as favorable to the Defendant, considering the Defendant’s records of the same crime, the method of defraudation, the amount of defraudation and the purpose of using the money by defraudation, and other various circumstances, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable.

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

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