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(영문) 인천지방법원 2015.03.12 2014노4964
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal against the punishment (one year and eight months of imprisonment) declared by the court below, the prosecutor asserts that the prosecutor is too uneasible and unfair, and the defendant asserts that it is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

In full view of the following circumstances: (a) the Defendant is led to confession and reflectiveness; (b) the Defendant actually acquired profits; (c) the Defendant committed the instant crime during the period of repeated crime; (d) the majority of the victims and the amount of damage was considerable; and (e) the Defendant’s age, character and conduct; (e) the motive, means and consequence of the instant crime; and (e) other circumstances that are conditions for sentencing, such as the circumstances after the commission of the crime, do not seem to be excessively harsh or unreasonable.

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

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