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(영문) 인천지방법원 2013.04.26 2013노490
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant had already been punished twice for the same kind of crime; (b) the Defendant committed the instant crime during the repeated offense period; (c) the nature of the crime is not good; (d) the damage recovery was not made; and (e) the sentence against the Defendant was determined by fully considering the various circumstances as seen earlier; and (e) there is no change of circumstances that may vary between the lower court and the punishment; and (e) other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, criminal record relationship, circumstances after the commission of the crime, and motive and circumstance of the crime, etc., the Defendant’s argument cannot be deemed unfair because the sentence imposed by the lower court is too excessive. Therefore, 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 since it is without merit. It is so decided as per Disposition.

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