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(영문) 인천지방법원 2013.05.24 2013노56
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of suspended sentence for four months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant agreed with the victim, and there are no criminal records of the same kind and suspended execution or more.

However, in full view of the following circumstances: (a) the court below has yet to completely recover damage; (b) the court below has already determined the punishment by taking into account all the circumstances favorable to the defendant; and (c) there are no special circumstances or changes in circumstances that may be additionally considered in the trial; and (d) other circumstances that include the defendant’s age, character and conduct, environment, family relationship, criminal record, circumstances after the crime, motive and circumstance of the crime, etc., even though considering all the circumstances alleged by the defendant in the grounds for appeal, the sentence imposed by the court below is too unreasonable. Therefore, the defendant’s assertion is without merit.

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

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