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(영문) 인천지방법원 2017.08.31 2017노2389
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant is deemed to have led to the confession and reflect on the crime, and 3.450,000 won has been paid in part of the amount of damage.

There is no criminal history, there is a situation in which the family and the people appeal the wife.

However, the criminal liability of the defendant is not against the law.

The amount of damage has exceeded KRW 100 million and has not been recovered properly.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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