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(영문) 인천지방법원 2017.11.09 2017노3649
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime and the reflective nature, and endeavored to recover the damage.

However, the criminal liability of the defendant is not against the law.

Even though the suspension period due to special larceny crimes (up to June 2018), the crime of this case has been repeatedly committed.

The victim is about 27 million won and the total amount of damage reaches about 4,360,00 won.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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