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(영문) 창원지방법원 2015.04.09 2015노267
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized his mistake and reflects his mistake, and that the amount of damage is a relatively small amount.

However, the crime of this case is a case in which the defendant did not pay the price in the restaurant operated by the victims while he did not pay the price and obstructed the victim's restaurant business. The defendant committed the crime of this case at another time during the repeated crime period due to the same crime, and the victims did not submit specific data on recovery from damage up to the trial. The defendant has already been punished several times due to the violation of the Road Traffic Act, the violation of the Punishment of Violences, etc. Act, larceny, the crime of larceny, the Specialized Credit Financial Business Act, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., taking into account the circumstances unfavorable to the defendant. In addition, considering the following circumstances, the defendant's age, character and behavior, environment, motive and background of the crime, the means and method of the crime, and the circumstances after the crime, etc., it is not recognized that the punishment imposed by the court below is excessively unreasonable.

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

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