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(영문) 수원지방법원 2016.07.21 2015노2637
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the gist of the Defendant’s appeal grounds (unfair sentencing) recognized the error of the Defendant; (b) supported old-parents while working in one-time work; and (c) for two years, living in a prison and making it difficult for them to engage in economic circumstances, the lower court’s sentence that sentenced fines of KRW 1 million is too unreasonable.

2. The crime of this case is deemed to have been committed at the main place and assaulting the owner of the business at a restaurant, and the quality of the crime is not good, the victims have not been compensated until the depth of the case, and the defendant has a record of criminal punishment several times including being sentenced to punishment by fraud, assault, etc. in the past, and on February 27, 2014, the judgment became final and conclusive on September 27, 2014 after having been sentenced to two years of imprisonment with prison labor at the Suwon Friwon Friwon, etc. on September 27, 2013. The crime of this case is a concurrent crime with the crime of this case for which judgment became final and conclusive, taking into account the balance between the crime of this case and the crime of this case, which reflects the already favorable sentencing reasons in the court below, and the motive, background, degree of damage, degree of damage before and after the crime of this case, other records and the defendant's character and conduct, family relations, etc. as well as the above reasons for appeal.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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