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(영문) 서울북부지방법원 2018.07.06 2018노529
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2.5 million won) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant paid KRW 300,000 at the latest after six days from the date of the occurrence of the case, and that the victim D of the fraudulent crime expressed his intention not to punish the defendant at the court below.

However, the above circumstances appear to have already been reflected in the sentencing of the court below, and the crime of this case was committed by the defendant who intentionally refused to pay entertainment at the main place of entertainment and took a bath to the police officer who called to the defendant. The nature of the crime is bad, the defendant's punishment was imposed for the same criminal record, the defendant's punishment was imposed for the same criminal record, and the fine was imposed several times, there was no change in circumstances favorable to the defendant after the decision of the court below, and all other sentencing circumstances such as the defendant's age, sex, sex, family relation, motive, means, and consequence after the crime was committed, the defendant's argument is not accepted, since the sentence imposed by the court below is not unfair.

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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