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(영문) 인천지방법원 2016.09.02 2016노2388
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant's punishment (one year of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

While there are favorable circumstances for the defendant, such as the fact that the defendant acknowledges and reflects his mistake, the fact that there is no record of criminal punishment beyond the fine prior to the instant case, the defendant committed each of the instant crimes by using trust relationship with the victims, the amount of damage, and most damage has not been recovered, and there are unfavorable circumstances for the defendant. Furthermore, considering all the sentencing conditions of the instant pleadings, such as the defendant's age, character and behavior, environment, background, process, method, frequency, size, circumstances after the instant crime, etc., the sentence imposed by the court below is appropriate, and it is not recognized that the sentence imposed by the defendant is too heavy or unreasonable.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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