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(영문) 인천지방법원 2016.02.05 2015노4686
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The court below's punishment against the defendant is too unfair, considering the favorable circumstances such as the confession and reflect of all the crimes of this case, the amount of theft or the amount of deception is not significant, the victim K does not want the punishment of the defendant, the circumstances or contents of the crime of this case, and the method of crime. The frequency of the crime of this case and the victims are not considerable damage or they are not recovered or agreed with victims, there is a history of criminal punishment of more than 30 times for the same crime, and three times for the same theft crimes. In particular, on August 29, 2013, the Seoul Southern District Court sentenced the punishment of 1 year and six months for the crime of this case to be committed during the period of repeated crime after the execution of the punishment was completed, and other various sentencing conditions as shown in the records and arguments, such as the age, character and environment of the defendant, the circumstances before and after the crime.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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