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(영문) 인천지방법원 2018.09.14 2018노2182
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. However, it appears that the Defendant committed the instant crime by willful negligence in the course of promoting the construction project, and the victims do not want the punishment of the Defendant upon agreement with the victims, and the fact that the victims recognized the instant crime and reflected against the Defendant is favorable to the Defendant.

However, the fact that the amount of damage acquired by the defendant is a large amount, the fact that the defendant has been punished for the same kind of crime, etc. is disadvantageous to the defendant.

In addition, considering the Defendant’s age, sex, environment, background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the instant crime, the lower court’s punishment is too unreasonable.

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

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