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(영문) 인천지방법원 2014.09.12 2014노2093
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy or too unhued so far as the court below's punishment is too heavy (4 months of imprisonment).

2. In full view of the following circumstances: (a) the Defendant confessions and reflects the instant crime; (b) the instant crime was committed in a concurrent relationship between the crime for which judgment has become final and the crime under the latter part of Article 37 of the Criminal Act; (c) the equity should be taken into account with the case to be adjudicated simultaneously pursuant to Article 39(1) of the Criminal Act; and (d) the amount of damage in the instant case is a large amount exceeding KRW 50 million; (c) the nature of the instant crime is not good in light of the circumstances leading up to the instant crime; (d) other unfavorable circumstances such as the Defendant’s age, family environment, and circumstances before and after the instant crime; and (e) other various conditions of sentencing as well as the records and arguments, such as the records and arguments of the Defendant’s age, family environment, etc., the punishment imposed by the lower court is too adequate and unreasonable or less.

3. If so, the defendant and the prosecutor's appeal against the judgment of the court below are without merit. Thus, 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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