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(영문) 인천지방법원 2017.04.14 2017노804
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Determination is a relatively small amount of damage caused by the instant fraud, and the fact that the Defendant repaid the damage and agreed with the victims is favorable to the Defendant.

However, in light of the motive and background of the instant crime, the Defendant’s age, and sexual intercourse, including the fact that the Defendant again committed the instant crime before the lapse of seven months after release, that the Defendant had been subject to criminal punishment more than 38 times, and that more than 20 times among them had been subject to criminal punishment for the crime of fraud, that the Defendant had a large number of records of committing the crime of fraud, such as the instant case, and that the Defendant had a record of punishment for five times of punishment for the crime of this case, it does not seem that the lower court’s punishment 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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