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(영문) 인천지방법원 2019.09.05 2019노1726
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year and eight months of imprisonment) is too unreasonable, and the reasons for appeal by the prosecutor are unreasonable because the sentence of the court below is too unreasonable.

2. The following circumstances are favorable: (a) the Defendant, who was sentenced to punishment for the same type of crime and committed the instant crime during the period of parole; (b) the total amount of damage is large of KRW 134,200,000,000, and the damage recovery was not made at all; (c) while the Defendant appears to recognize and reflect all of the instant crimes.

In full view of the circumstances above, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that constitute the conditions for sentencing as indicated in the instant case, the Defendant and the prosecutor’s above assertion are not acceptable on the grounds that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal of this case by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal of this case are without merit. It is so decided

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