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(영문) 인천지방법원 2017.05.19 2016노2583
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a punishment of KRW 3 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine all the grounds for appeal by the Defendant and the Prosecutor.

There are more than 30 criminal records against the defendant, and the criminal records of punishment for the same crime of fraud are more than 15 times including four times of punishment, and the defendant committed the crime of this case during the period of repeated crime, and the defendant was punished several times by the method of a non-exclusive crime like this case, etc. are disadvantageous to the defendant.

On the other hand, the total amount of damage to the crime of this case was not much higher than 1,020,000 won, the fact that the defendant paid 1 million won to the victim and agreed with the victim, and that the defendant recognized and reflected his mistake late and late, etc. are favorable to the defendant.

In full view of the above circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, results, etc., as well as all the circumstances revealed in the instant records and arguments after the crime, it does not seem that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, we cannot accept the argument that the sentencing of the defendant and the prosecutor is unfair.

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

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