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(영문) 인천지방법원 2014.09.26 2014노2444
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. In full view of all the circumstances, including the fact that the defendant recognized the crime of this case, the defendant's character and environment, the motive and consequence of the crime of this case, the motive and consequence of the crime of this case, the circumstances after the crime of this case, etc., which are favorable circumstances, such as the fact that there are many criminal records (it has five times the record of sentence including the criminal record in the original judgment) and the defendant committed the crime of this case as long as it has not yet passed after the end of the term of punishment, and there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the original judgment, and there is no other special circumstance or circumstance that the defendant's character and behavior, the environment, and the motive and consequence of the crime of this case, and the circumstances after the crime of this case, which are conditions for the argument and the sentencing as shown in the records.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

(However, since Articles 347(1) and 352 of the Criminal Act are apparent in the application of the statutes of the original judgment, the phrase “Article 352 and 347(1) of the Criminal Act” is a clerical error in the “Article 352 and 347(1) of the Criminal Procedure Act, such rectification shall be made ex officio

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