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(영문) 인천지방법원 2016.11.02 2016노3014
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the imprisonment of 10 months and the fine of 3 million won, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant, even though he was punished as a same crime, is not guilty of the nature of the crime such as cutting off the criminal conduct of fraud for many victims several times, and gambling through the money by deception, the fact that the damage was not completely recovered to the trial is disadvantageous to the defendant, and the defendant recognizes his mistake and reflects his damage, and there is no change in circumstances that are favorable to the defendant that the victim does not want the punishment of the defendant due to minor damage from larceny, but there is no change in circumstances that are favorable to the defendant, or there is no other change in circumstances that may consider the punishment after the judgment of the court below, and considering the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, before and after the crime, the punishment imposed by the court below on the defendant is appropriate, and it is too heavy or too unreasonable.

3. In conclusion, the appeal 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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