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(영문) 인천지방법원 2016.09.30 2016노1669
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In full view of various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the lower judgment, the lower court’s punishment is too excessive and unreasonable, and thus, the Defendant’s assertion is without merit, given that there is no agreement with the victim on the amount of damage, that the Defendant did not reach an agreement with the victim on the recovery of damage or the amount of damage, that the Defendant could have been punished including the criminal records of the same kind of crime, and that there is no special circumstance or change of circumstances that may be considered in the sentencing after the sentence of the lower judgment was pronounced.

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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