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(영문) 인천지방법원 2013.09.06 2013노1745
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (5 million won of fine) imposed by the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant led to the confession of the crime of this case and reflects against the victim, and the damage caused by the crime of this case is relatively minor. However, the defendant was subject to criminal punishment for the same criminal records and nine times (three times of actual punishment, one time of suspended execution, and five times of fine) and the defendant committed the crime of this case only in the month in which the execution of the punishment was completed and the release was completed due to the same crime, and in particular, the defendant committed the crime of this case at the only one month after the discharge. In full view of all the criminal punishment for other crimes similar to the crime of this case, including the defendant's age, character and conduct, environment, the background and result of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime of this case, it is recognized that the punishment of the defendant

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

(However, in the application of the laws and regulations of the court below, "1. Cumulative Offense Aggravation" and "Article 35 of the Criminal Act" are clear that they are clerical errors, and they are deleted.

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