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(영문) 서울중앙지방법원 2017.06.29 2017노1403
사기등
Text

The defendant's appeal is dismissed.

Reasons

When considering the fact that the defendant continues to endeavor to agree with the victim, that the defendant has a plan to refrain from drinking in the future, that the defendant plans to work as a health radar, and that the defendant has been engaged in any contingent crime in the event of suspension of treatment after receiving treatment and consultation on alcohol dependence in the recent years, the punishment sentenced by the court below (6 months of imprisonment) is too unreasonable.

Judgment

The defendant asserted the above circumstances from the court below, and seems to have been punished by considering such circumstances in the court below.

The defendant is against the defendant, and the amount of damage in the crime of fraud in this case is relatively small, and the damage in the crime of property damage and assault is relatively minor.

However, even though the Defendant was released on June 28, 2016 by imprisonment with prison labor for one year and completed the execution of the sentence on December 5, 2016 due to a crime of interference with the performance of official duties committed on November 3, 2015 and around December 12, 2015 under the influence of alcohol, the Defendant again committed the instant crime under the influence of alcohol, under the influence of alcohol, under the influence of alcohol, and under the influence of alcohol, and under the influence of alcohol, the Defendant committed the instant crime under the influence of alcohol, under the influence of alcohol, and under the influence of alcohol, the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., the lower court’s punishment is adequate and determined within the discretionary scope of the sentencing, and cannot be said to be unfair by doing so.

In conclusion, the defendant's appeal 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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