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(영문) 인천지방법원 2017.07.06 2017노1845
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The reason for the appeal by the prosecutor is that it is the reason for the appeal by the defendant that the punishment prescribed by the court of the original instance (four months of imprisonment) is too unreasonable because it is too unreasonable, and that it is too unfiened and unfair.

2. The judgment seems to have led to the confession and reflect on the crime.

Family members want to be the wife.

Since the crime of this case is one of the concurrent crimes of fraud for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, it is necessary to determine punishment in consideration of equity and the case of judgment.

In addition, at the time of this case, there was no criminal history at the time of this case.

However, the defendant's liability of deceiving the victim who was a chain is not less than that of the defendant who committed a large amount of money by deceiving him.

The victim has received a partial repayment and has sought a severe punishment against the defendant.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, considering the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means, and consequence of the crime, before and after the crime, the sentence of the court below is considered to be too heavy and too minor.

3. In conclusion, the grounds for appeal by the defendant and the prosecutor are all unreasonable, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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