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(영문) 인천지방법원 2017.06.16 2017노1010
사기
Text

All appeals by the defendant against the judgment of the court below Nos. 1 and 2 are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (the court below's judgment No. 1: Imprisonment with prison labor for 10 months and the court below's judgment No. 2: fine of 3 million won) is too unreasonable.

2. The judgment of the court below [the defendant filed an appeal against the judgment of the court below Nos. 1 and 2 and tried both in the first and second trials. Since the judgment of the court below of the second instance only sentenced the defendant to a fine, it cannot be punished by a fine heavier than this in the first and second trials in accordance with the principle of prohibition of disadvantageous alteration. The judgment of the court below is not a ground for reversal of the judgment of the court below on the ground of the consolidated examination itself, unless the defendant selects all criminal facts of the judgment of the court below Nos. 1 and 2 and only one punishment is sentenced. As examined below, the judgment of the court below does not reverse the judgment of the court below on the ground of the consolidated examination, and the judgment of the court below on the

All of the crimes of Articles 1 and 2 of the lower judgment are relatively minor; the Defendant recognized and repented of his mistake; the Defendant’s health or economy is not good; however, it is deemed that the Defendant repeatedly committed a crime, such as taking-out, etc. (in the case of a resolution of KRW 2, including the taxi-free passengers), but the nature of the crime was poor; even if the Defendant was punished three times for the same crime after 2015, it appears that the risk of repeating the crime was considerably high; there were no special circumstances or changes in circumstances that may be considered in the sentencing after the sentence of each lower judgment was rendered; the Defendant appears to have been sentenced to a fine in consideration of the punishment of KRW 1, 2, and the Defendant’s age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime.

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