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(영문) 인천지방법원 2020.11.12 2020노2286
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) the Defendant appealed each appeal on the grounds that the lower court’s punishment is too harsh (six months of imprisonment).

2. In light of the circumstances leading up to each of the instant fraud crimes, contents, relationship between the Defendant and the victims, and the amount of damage, etc., the Defendant’s liability is heavy, and most of the damage caused by the fraud was not recovered, the Defendant’s damage and heavy glass owned by the victim K, and the Defendant’s damage to the police officer who illegally used another’s resident registration number and the quality of the crime is not good. On the other hand, the Defendant’s damage was partially recovered from the victim G when the Defendant was in a trial, and the damage was partially recovered, and the Defendant’s damage did not want to be punished against the Defendant, and there was no record of punishment since 2004.

The above circumstances are as follows: (a) comprehensively taking account of the circumstances that led to the Defendant to commit the crime, the age of the Defendant, health status, character and conduct, environment, and circumstances that are conditions for sentencing as indicated in the instant case, the lower court’s punishment is too heavy or unreasonable; and (b) the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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