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(영문) 인천지방법원 2014.04.03 2013노3566
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

2. In light of the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and did not repeat again, the fact that the victim paid 1330 million won to the victim in addition to interest and consolation money, etc., but the defendant had the record of being punished for the same kind of crime prior to the instant crime, etc., the court below neglected the execution of imprisonment, taking into account the above favorable circumstances, and other factors attached to the sentencing conditions indicated in the records, such as the defendant's age, occupation, environment, character, conduct, family relationship, etc., it cannot be deemed that the punishment (including the community service order of 120 hours) imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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