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(영문) 인천지방법원 2019.10.24 2019노2280
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year of imprisonment, one-year forfeiture of evidence No. 1) is too unreasonable, and the reasons for appeal by the prosecutor are deemed to be unreasonable because the punishment by the court below is too unreasonable.

2. On the other hand, the Defendant appears to have committed the instant crime, while recognizing the fact that the Defendant was not aware of the fact that the instant crime was committed, but did not take part in the instant crime, and that the number of physical cards kept in custody after being delivered was not considerable, and that the acquisition profit did not appear to have been considerable, is a favorable condition, such as the fact that the Defendant was aware of all the instant crimes, and that it was agreed with the victim of fraud.

In full view of the circumstances above, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that constitute the conditions for sentencing as indicated in the instant case, the Defendant and the prosecutor’s above assertion are not acceptable on the grounds that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal of this case by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal of this case are without merit. It is so decided

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