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(영문) 인천지방법원 2015.10.30 2015노3379
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. In full view of the favorable circumstances, such as the fact that the Defendant recognized the instant crime and reflects on the fact that the instant crime was committed, and that the instant crime could have been tried at the same time with each of the final judgment, but the Defendant did not recover damage until seven years have passed since the instant crime was committed, and that there was no change in circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and all other circumstances that form the conditions of the pleadings and the sentencing indicated in the records, such as the amount of fraud, the character and conduct of the Defendant, the character and conduct of the Defendant, the motive, means and consequence of the instant crime, the circumstances after the crime was committed, etc.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

(However, it is evident that the Defendant was sentenced to six months of imprisonment for fraud in the same court on May 11, 2010, and the above judgment was finalized on August 13, 2010, which became final and conclusive on August 13, 2010, between the two and three criminal facts in the judgment of the court below. Thus, it is corrected ex officio by adding it pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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