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(영문) 인천지방법원 2015.04.10 2014노4676
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The fact that the Defendant confessions and reflects the instant crime, and that the instant crime was committed by the Defendant on April 23, 2014, who was sentenced to one year by imprisonment with prison labor at the Incheon District Court Branch Branch Branch of the Incheon District Court on May 1, 2014 and the concurrent crimes under the latter part of Article 37 of the Criminal Act, which became final and conclusive on May 1, 2014, it is more favorable to consider the equity between the case to be adjudicated simultaneously under Article 39(1)

However, in full view of the fact that the defendant was subject to criminal punishment for the same crime, and that the defendant committed again during the period of repeated crime, the total amount of damage exceeds 28 million won, and the damage was not recovered until the trial, and other various sentencing conditions as shown in the records and arguments, such as the defendant’s age and happiness environment, circumstances before and after the crime, are too unreasonable.

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

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