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(영문) 인천지방법원 2013.03.28 2012노3211
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the circumstances in which the accused is obliged to support his/her family, the sentence of the lower court imposed by the community service order (two months of imprisonment, three years of suspended execution, and eight hours of community service) is excessively unreasonable.

2. The fact that the defendant is the most true family, but the above circumstance alone does not seem to make it difficult for the defendant to carry out the community service order. The defendant's circumstance and degree of damage, the defendant's imprisonment with prison labor in 2004 for the same crime, 1 year of suspended execution, 2 year of fine in 2004 for the same crime, and in addition, the defendant was punished for one time of a fine. In addition, the court below's sentence ordering the defendant to provide community service is too heavy when considering all of the sentencing conditions on the records, such as circumstances before and after the crime, the defendant's age, character and behavior, and family environment

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.

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