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(영문) 인천지방법원 2018.04.13 2017노4470
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment of the Defendant had been punished for the crime of fraud and habitual fraud at 51 times, and even if the Defendant was sentenced several times to imprisonment or a fine for the crime of habitual fraud, even after he was sentenced to imprisonment for the first time due to habitual fraud in around 1996, the same crime is continuing.

The defendant continued to commit the crime without prison labor for a period of not less than 20 years, and the attitude after the crime does not seem to be against the will of the defendant.

Most of the crimes of all types of crime without war shall be conducted at a place where high-class alcoholic beverages are sold, and the amount of damage is higher than the general crime of carrying without war.

In addition, taking into account all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive and means of crime, consequence, etc., the sentencing of the lower court against the Defendant is too unreasonable.

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

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