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(영문) 서울남부지방법원 2013.07.04 2013노751
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendant: First, the Defendant was under the influence of alcohol at the time of each of the instant crimes, and second, the sentence of imprisonment (one year of imprisonment) of the lower judgment is too unreasonable.

2. First of all, according to the statement of the defendant and the victims about the grounds for appeal, it is acknowledged that the defendant had weak ability or decision-making ability to discern things under the influence of alcohol at the time of each of the crimes in this case, in light of the following: (a) the defendant was not under the influence of alcohol at the time of entering a restaurant operated by the victims; (b) the defendant was not in possession of money or credit cards capable of settlement; and (c) the defendant was also aware that he was aware of this fact; and (d) the defendant has considerable memory of the situation at the time of each of the crimes in this case and the details of each of the crimes in this case. Thus, the defendant's argument of mental or physical disability is

Next, regarding the assertion on unfair sentencing, the defendant, as a recipient of basic living expenses, stated that he was wholly responsible for receiving the supply cost of KRW 480,000 per month as the whole property. The fact that he could have ordered the above money more than the above money was attributable to the fact that there was no intention to pay reasonable consideration from the beginning. The victims could not normally engage in restaurant business due to the defendant's failure in addition to the damages that the defendant could not receive food from the defendant. The victims'O suffered injury in the process. The defendant suffered injury in the process, there was a history of punishment as a crime of the same veterinary law (unauthorizedness, interference with its business, violence, etc.) as in this case. After being released from prison, the execution of imprisonment of KRW 480,000 per month and two months for the same crime, and then, it is likely to repeat the crime again, and it is likely to repeat the crime at the trial.

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