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(영문) 인천지방법원 2016.08.24 2016노1976
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and ten months of imprisonment) is too unreasonable.

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

2. The fact that the defendant made a confession of all of the crimes of this case and reflects his mistake, and that the crime of final judgment and the crime of this case in the judgment of the court below are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and that the principle of equity with the case of the judgment should be considered concurrently.

On the other hand, the majority of the victims of this case are more than 10 persons, the sum of the defrauded money is about KRW 350,000,000,000, there are many criminal records of the same kind, and there were no changes in circumstances that are not reflected in the sentencing after the decision of the court below is disadvantageous.

In addition, taking account of the following factors: Defendant’s age, sex, occupation and environment, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable as it is deemed that the Defendant’s punishment is too heavy, and thus, Defendant and the Prosecutor’s assertion are without merit.

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

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