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(영문) 제주지방법원 2015.05.28 2015노143

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The fact that the judgment defendant acknowledges all of the crimes of this case and reflects it, the total amount of defraudation is not large, and the victim G is satisfied with the damage and the agreement is reached is a circumstance that can be considered in sentencing.

However, since all of the crimes of this case committed in the entertainment tavern with drinking and drinking alcohol in the entertainment tavern and did not pay the consideration, the quality of the crime is not better than that of ordinary dancing due to economic difficulties, and even if it comes to the trial, it seems that the remaining three victims did not reach an agreement with the victim. In particular, the crimes of this case committed in the following cases: (a) the defendant was sentenced to imprisonment with prison labor for a term of 1 year for a crime of the same type of fraud and re-offendered within the period of 2 months within the time when the execution of the sentence was completed; (b) it constitutes a repeated crime; and (c) all of the kinds of sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., it cannot be deemed that the court below's sentence of imprisonment with prison labor for a term of 1 year is unreasonable.

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.