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(영문) 인천지방법원 2017.07.20 2017노862
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.

2. The crime of this case is acknowledged that the defendant acquired pecuniary benefits by being provided with alcohol and alcohol, etc. even though he/she did not have the intent or ability to pay the drinking value. It is recognized that the defendant recognized and reflected the crime of this case, the extent of damage is not so significant, and that the victim and the victim agreed smoothly.

However, even though the Defendant had been already punished several times due to the crime of this case, it is not good that the Defendant repeats the crime of this case, and the Defendant appears to have been punished about 20 times as a whole, including fraud and obstruction of business, and in full view of various other circumstances that are the conditions for sentencing, such as the Defendant’s age, sexual conduct, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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

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