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(영문) 인천지방법원 2015.02.13 2014노4928
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below has recognized the crime of this case and is in profoundly against the defendant, there are favorable circumstances such as the defendant's acknowledgement of the crime of this case, the victim D's fraudulent act and the crime of invalidation of indication of official duties, as alleged by the defendant. However, the crime of this case has been committed repeatedly, and the amount of damage caused by the criminal act of this case has not been agreed with the victims, the defendant does not have any agreement with the victims, the defendant has the record of fine due to the suspended execution of punishment due to the crime of this case and the crime of embezzlement. There are no special circumstances or circumstances that can be newly considered in sentencing after the decision of the court below, and other circumstances that include the motive and means of the crime of this case, the relationship with victims, the motive and consequence of the crime of this case, and the circumstances after the crime, etc., the punishment of the court below against the defendant is proper.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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