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(영문) 창원지방법원 2019.07.25 2019노957
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant was committed with respect to each of the instant crimes; and (b) the fact that the Defendant’s judgment ought to take account of the equity with the case of fraud for which the judgment has become final

However, each of the crimes of this case is a situation unfavorable to the defendant, such as the fact that each of the crimes of this case was provided services from the victim as if the defendant would pay the drinking value even though the defendant did not have the intent or ability to pay the liquor price, etc., and the quality of the crime was poor. The defendant has repeatedly committed the crime against the same victim and obtained it by deceit, and the defendant has not been sufficiently recovered from damage until now, and the defendant has a record of being punished for the same kind of crime.

In full view of the aforementioned circumstances and other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy or too unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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