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(영문) 광주지방법원 2016.08.25 2016노1649
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (one-month imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The Defendant had been punished for the same kind of crime over 23 occasions, such as being punished for fraud and habitual fraud, because the Defendant did not have any intent or ability to pay the same drinking value as the instant crime, but did not pay the drinking value by entering the main points and drinking alcohol, etc., and among them, there are many criminal records.

The crime of this case also repeats the same crime over the framework during the period of repeated crime, where the defendant was sentenced to imprisonment for the same crime and was released from prison after having been sentenced to imprisonment for the same crime.

The victims did not reach an agreement.

On the other hand, the following points are favorable to the defendant.

The Defendant committed each of the instant crimes under the lack of the ability to discern things or make decisions due to alcohol level addiction.

The sum of the amount obtained by deceit due to the instant crime is KRW 642,000 in total.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as shown in the instant pleadings, the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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