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(영문) 인천지방법원 2016.09.21 2016노358
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for four months of imprisonment, and eight hours of community service order) on the summary of the grounds of appeal is too unreasonable.

2. The facts that the judgment defendant led to the confession of the crime of this case and recognized his mistake are favorable to the fact that the court below paid the victim KRW 15 million to the victim.

However, in this case, considering the unfavorable circumstances such as the defendant's age, sex, occupation and environment, motive and background leading to the instant crime, and the circumstances after the crime, etc., the court below's punishment is too excessive and unfair, and thus, it is not recognized that the defendant's assertion is not reasonable. Thus, the defendant's assertion is without merit, since it is not reasonable for the court below to have determined that the defendant's punishment is too excessive, in light of the circumstances that are shown in the records and arguments of this case, such as the defendant's age, sexual behavior, occupation and environment, circumstances leading to the instant crime, etc.

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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