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(영문) 수원지방법원 2013.08.28 2012노3585
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (hereinafter “fine 3,00,000”) is too unreasonable.

2. The amount of fraud by the crime of this case is small amount, and the defendant suffers from liver disorder. However, the crime of this case is a fraud offender who uses the PC room without the intent and ability to pay the fee, and received food at the place. The crime of this case also seems to be similar to the crime of this case. Although the defendant has been punished several times in multiple times, it is deemed that the crime of this case is similar to the crime of this case. However, since the defendant repeats the crime in a short period without true reflect, it is inevitable to make strict sentence against the defendant, and no agreement is reached with the victim until the trial of the case; there is no change of circumstances that may change the sentence of the court below; the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances before and after the crime of this case, etc., the defendant's assertion cannot be accepted.

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

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