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(영문) 인천지방법원 2016.01.05 2015노4129
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s character and conduct, environment, relationship with the victim, motive, means and consequence of the instant crime, and the circumstances after the Defendant committed the instant crime, and the sentencing conditions indicated in the record, the sentence imposed by the lower court against the Defendant is deemed to be adequate, in view of the following: (a) the Defendant’s recognition of the instant crime and the fact that there is no record of punishment for the same crime; (b) the amount of damage caused by the instant crime is reasonable; and (c) the injury was not recovered; and (d) there is no special circumstance or circumstance newly considered after the lower judgment was rendered; and

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

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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