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(영문) 인천지방법원 2017.04.20 2017노844
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 (one year of imprisonment) is too unreasonable.

2. The judgment seems to have led to the confession and reflect on the crime.

Since the crime of this case is one of the concurrent crimes of fraud for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, it is necessary to determine punishment in consideration of equity and the case of judgment.

However, the criminal liability of the defendant is not less than stranged, but has a number of same criminal records and repeated crimes.

In spite of the failure to recover damage.

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 stipulated in 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. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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

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