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(영문) 인천지방법원 2014.04.25 2014노85
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The fact that the defendant was aware of the crime of this case and his mistake is divided is favorable to the defendant.

However, the court below was determined by fully considering the circumstances favorable to the defendant, and there is no change of circumstances that may differ from the judgment of the court below and the punishment for the first time in the trial. The crime of this case was committed by the defendant who was an instructor of a private teaching institute to inflict damage on the students who trusted the defendant in the defendant. In light of the several methods and patterns, the crime of this case is not proper in light of the quality of the crime, the defendant has been sentenced to a fine and a punishment for the same kind of crime, and the defendant did not take measures to compensate the victims for the damages, such as the defendant's agreement with the victims or deposit money, etc. In full view of the various sentencing conditions in the records and arguments, such as the age and happiness environment of the defendant, the situation before and after the crime, etc., the punishment against the defendant is too unreasonable.

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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