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(영문) 인천지방법원 2013.05.24 2012노3445
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and reflected his mistake, and that the defendant was not punished by the defendant under an agreement with the victim.

On the other hand, the court below seems to have already rendered a suspended sentence by fully considering the above favorable circumstances in sentencing, and there is no change in circumstances to reduce them again in the court of the case, the acquired money by the crime of this case is a large amount of KRW 70 million, the defendant has been punished once for the same crime, and other various sentencing conditions in the records and arguments, such as the defendant's age, happiness, family environment, and circumstances before and after the crime, etc., are considered as a whole, it cannot be deemed that the sentence 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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