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(영문) 창원지방법원 2017.12.21 2017노2837

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment with prison labor for the crimes No. 1 as stated in the judgment of the court below 6 months and the imprisonment with prison labor for the crimes No. 2 as stated in the judgment of the court below) is too unreasonable.

2. The fact that the Defendant recognized and reflected each of the crimes in this case, and the driving of the drinking and non-licenseed driving in this case was shorter than about 10 meters, etc., are favorable to the Defendant.

However, the Defendant repeatedly commits the same kind of crime even though he/she has been subject to punishment four times in fraud (one time of suspended execution, three times of fines), drinking or unlicensed driving (4 times of suspended execution, nine times of fines), and repeatedly commits the instant crime during the period of suspended execution due to the same crime. The amount obtained by the Defendant through the instant fraud is a total of KRW 25 million, and the victims did not recover from damage. The victim E does not want to punish the Defendant, and there is no special relationship or change of circumstances that may be newly considered in the trial, and other various circumstances, such as the Defendant’s age, environment, sex, motive for the instant crime, circumstances before and after the instant crime, etc., are considered to be excessive and unfair.

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