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(영문) 창원지방법원 2016.11.16 2016노2322
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. A favorable circumstance is that the Defendant recognized all of the instant crimes, thereby against the mistake, and that the amount of damage caused by the fraud was not so significant.

However, each of the crimes of this case is an unfavorable circumstance where the defendant was provided with alcohol, speech, food, etc. from the victims on eight occasions without the intention or ability to pay the price, and interfered with the victims' work over five occasions in the course of the crime, such as singing, restaurant, and the main store operated by the victims, and the crime is not good. Although the defendant had been punished several times due to the same crime, he committed each of the crimes of this case during the period of repeated crime, even though he had been punished several times due to the same crime, he committed another crime during the period of repeated crime, and no particular damage has been recovered until now, and no agreement has been reached with the victims.

Considering the Defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and various conditions of sentencing indicated in the instant records and pleadings, including the circumstances after the crime, the lower court’s judgment cannot be deemed unreasonable to have exceeded, or maintain, the reasonable bounds of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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