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(영문) 인천지방법원 2016.05.27 2016노1024
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Although the judgment is recognized that the Defendant made a confession of all criminal facts and reflects the fact, and there is no record of having been sentenced to imprisonment without prison labor or more severe punishment, the instant crime was committed in a planned manner, the majority of the victims, the degree of damage is not very good, and the degree of participation is minor in light of the Defendant’s role.

In full view of the fact that the lower court did not seem to have properly recovered from damages, that was not agreed with the victims, that there was no special circumstance or change of circumstances that may be considered in sentencing after the lower court was sentenced, and that there were various other circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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