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(영문) 부산지방법원 2017.07.20 2016노4999

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (2 million won in penalty) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant recognized the instant crime, and it is recognized that the said crime was committed with forced indecent conduct, etc. finalized on October 8, 2016, which became final and conclusive, and that the latter part of Article 37 of the Criminal Act is in a concurrent relationship.

However, the Defendant has been punished by fraud or interference with business so far, and most of the instant crimes are similar to each of the instant crimes, which interfered with the taxi business by driving in a cafeteria or driving in a cafeteria as if he were to pay a taxi fee (2016 high 3051), and not paying the taxi fee (2016 high 3243 high 3243).

In addition, there is no reason to make efforts to recover the victims' damage due to the records.

In addition, the sentence imposed by the court below is not heavier when comprehensively considering the records of this case and the various conditions of sentencing as shown in the theory of changes, such as the defendant's age, sex, environment, health status (the 6th degree disability), family relation (the leading of the defendant).

3. Accordingly, 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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