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(영문) 부산지방법원 2017.01.12 2016노2766
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. It is recognized that the judgment of the defendant shows the attitude against the defendant when recognizing the crime of this case, the amount of damage is a small amount, and the victim is the prior wife of the defendant.

However, even though the Defendant had been punished several times by the crime of larcenying or deceiving a food or answer letter in another person's wedding place, it seems that the Defendant committed the crime of this case in which he obtains a food from the marriage hall in another person, and thus, would be highly likely to repeat the crime. In light of the circumstances favorable to the Defendant, the lower court determined a punishment by reducing the amount of fine prescribed by the summary order, taking into account the circumstances favorable to the Defendant, and there is no change of circumstances that may be considered in the sentencing after the lower judgment was sentenced, and all other sentencing conditions of this case, including the Defendant's age, sex, sex, environment, health conditions, motive and circumstance of the crime, means and consequence, etc., as well as the circumstances after the crime, it cannot be said that a fine of KRW 1,00,000, which the lower court

Therefore, the defendant's assertion is without merit.

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

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