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(영문) 인천지방법원 2017.05.26 2017노1199
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Although there are favorable circumstances for the Defendant, such as the fact that the scale of damage to the type of the instantless flight or the passenger without a license is minor, and that the Defendant has committed a crime of the same kind repeatedly prior to the instant case, the Defendant has committed the instant crime without being aware of even though it is a repeated crime period, and in particular, it seems that the risk of recidivism is considerably high because the Defendant committed the instant crime without being aware of it even though it is a repeated crime period, and the lower court also rendered a sentence lower than the recommended sentence by taking into account the favorable circumstances favorable to the Defendant, and all other factors of sentencing as shown in the instant argument, such as the Defendant’s age, sex, sex, environment, health conditions, motive and background, means and consequence of the instant crime, etc., and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unfair.

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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