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(영문) 인천지방법원 2016.12.14 2016노3981
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The facts that the Defendant led to the instant crime and reflects his mistake, and that the damage seems to have been partially recovered are favorable circumstances.

On the other hand, it is disadvantageous that there is no special change in circumstances after the decision of the court below, such as the fact that there is no good method to obtain the fraud of this case, that there is a majority of the victims and the sum of the money acquired through deception is not much than twenty thousand won, and that there is no agreement

In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

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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