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(영문) 인천지방법원 2014.05.02 2013노3418
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant was aware of the crime of this case and committed a mistake, and there is no record of being punished for the same criminal conduct or of having been sentenced to a fine exceeding the fine, etc.

However, in light of the fact that the lower court was determined by fully considering the circumstances favorable to the Defendant, and that there seems to exist no changes in circumstances that could vary from the lower judgment, the total amount of damages incurred by the instant crime reaches about KRW 11 million. However, the Defendant did not take measures to compensate for damages, such as agreement with the victim or deposit money, etc., and other various sentencing conditions in the records and arguments, including the Defendant’s age and behavior environment, circumstances before and after the commission of the crime, etc., the Defendant’s punishment 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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