logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.07.23 2020노2544
사기등
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 (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (one year and six months of imprisonment) is too unfluened and unreasonable.

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

The crime of this case was committed by deceiving the victims as if the defendant would pay the price at multiple restaurants, and was provided with alcohol and food. In light of the method and frequency of the crime, etc., the crime was committed very poor, and the defendant was ordered to provide a high-priced drinking and drinking for amusement without any payment ability, and the criminal records of the defendant reached several times, and the defendant was sentenced to nine times of punishment due to the crime of integrative fraud, such as this case, and in particular, the defendant committed the crime of this case during the period of repeated crime, and the damage was not recovered.

On the other hand, the fact that the defendant recognized the crime of this case and reflects his mistake, the fact that the house in which the defendant residing appears to have commenced the crime of this case in an economically difficult situation because it was destroyed by fire, and in some cases, the amount of damage is not significant in the case of the crime of this case.

In full view of the aforementioned circumstances and the equity of sentencing with cases of the same or similar nature as above, as well as the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy as the Defendant alleged, or it cannot be deemed unfair as it is too harsh as it is alleged by the public 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 without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow