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(영문) 인천지방법원 2016.07.22 2016노1937
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendant is too unreasonable.

2. The judgment of the court below recognizes all the criminal facts and is divided, and the amount of damage in fraud is relatively small, but the number of crimes is large, many victims are not recovered, damage is not agreed with the victims, the defendant not only has been punished several times as the same crime, but also commits the crime in this case again during the repeated period due to the same type of crime, and the defendant has committed a similar crime repeatedly, and the risk of recidivism seems to be high in that the defendant repeatedly commits a similar crime, there is no special circumstance or change of circumstances that can be considered in sentencing after the decision of the court below is rendered, and in light of various circumstances that form the conditions for sentencing in this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, circumstance after the crime, etc., the defendant's assertion is not reasonable because the sentence of the court below is too large.

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.

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