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(영문) 인천지방법원 2017.08.25 2017노2352
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine all of the arguments regarding unfair sentencing by the Defendant and the prosecutor.

The fact that the defendant led to the confession of each of the crimes in this case and recognized his mistake, and that the amount of damage caused by each of the crimes in this case is not significant in amount to 1,4360,000 won, etc. is favorable to the defendant.

On the other hand, the fact that many victims have occurred due to each of the crimes in this case, the fact that most victims have not recovered from damage, and the defendant who is relatively old has a number of records of juvenile protective disposition due to the same crime, as well as five times of punishment due to the same crime, and the two times of punishment are the records of punishment as punishment, which are disadvantageous to the defendant.

In addition to the above circumstances, taking into account the following circumstances, the Defendant’s age, sex, occupation and environment, motive and background leading to the instant crime, and the circumstances after the commission of the instant crime, etc., the lower court’s sentence sentenced to imprisonment for a year and six months is too heavy or unreasonable. It does not seem that the lower court’s punishment imposed for a year and six months is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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