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Escopics
Defendant
Appellant. An appellant
Defendant
Prosecutor
Latherather
Defense Counsel
Attorney Lee Han-chul (Korean)
Judgment of the lower court
Daegu District Court Decision 2005Gohap6433 Decided January 12, 2006
Text
The defendant's appeal is dismissed.
103 days of detention before the sentence of this judgment after filing an appeal shall be included in the penalty of the original judgment.
Reasons
1. Summary of grounds for appeal;
A. Error of mistake
The judgment of the court below which found the defendant guilty of all the facts charged of this case, despite the fact that the amount of the defendant's failure to repay to the victim El branch credit card (the owner) is limited to KRW 10,000,000, and that he did not intend to obtain the credit card price, is erroneous and has an error of law
B. Unreasonable sentencing
In light of various circumstances, such as the fact that the defendant's mistake is divided, the punishment sentenced by the court below is too unreasonable.
2. Determination:
A. As to the assertion of mistake of fact
According to the evidence duly examined and adopted by the court below, it is reasonable to view that the defendant's failure to repay to the victim EL Credit Card (owner) is equivalent to 17,807,501 won, and it is difficult to view that the defendant had the intent or ability to repay the purchase of goods with a credit card, cash loan, or installment financing as stated in the facts charged. Thus, the defendant's assertion of mistake of facts is groundless
B. As to the assertion of unfair sentencing
In full view of the circumstances such as the details and degree of damage of the instant crime, even considering the fact that the mistake is divided, it is not recognized that the punishment of 10 months sentenced by the lower court is too unreasonable.
3. Conclusion
Therefore, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and 103 days of detention days before the judgment is rendered after filing an appeal under Article 57 of the Criminal Act shall be included in the punishment of the original judgment. It is so decided as per Disposition.
Judges Jo Jong-dae (Presiding Judge)