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(영문) 수원지방법원 2019.05.23 2018노7376
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is an unfavorable circumstance where the defendant entered the main points operated by the victim without the intent or ability to pay the drinking value, and acquired it through the order of alcohol and alcohol equivalent to 73,000 won at the market price. The crime of this case is bad in light of the content of the crime and the method of the crime, and the defendant has been subject to criminal punishment at least 20 times for the same crime. In particular, the defendant committed the crime of this case before two months after release without being aware of it even during the period of repeated crime of the same kind of crime.

On the other hand, the fact that the defendant led to the crime of this case and reflects his mistake, the amount of damage is not significant, and the defendant does not want the punishment of the defendant under the agreement with the victim, and the mental fission disease, which is a disease suffered by the defendant, seems to have partly affected the crime of this case is more favorable.

Considering the equity in sentencing with cases of the same or similar circumstances as above, as well as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too heavy as the Defendant alleged, or it cannot be deemed unfair because it is too unreasonable as it is alleged by the prosecutor.

Therefore, we cannot accept all the above arguments of the defendant and prosecutor.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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