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(영문) 수원지방법원 2016.12.22 2016노7056
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the judgment and prosecutor’s arguments.

The fact that the total amount of damage suffered by victims of D, etc. due to the Defendant’s crime of this case is not a relative amount to the extent of KRW 1.2 million, which is favorable to the Defendant.

However, the crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant entered a singing room in spite of the absence of the intention or ability to pay the price of alcoholic beverages, etc.; (b) the victims are provided with alcoholic beverages, etc. from the victims; and (c) the victims request the payment of the price of alcoholic beverages, etc.; and (d) the victims are threatening the victims or interfered with singinging operations by singing room business; (c) the crime is not good in terms of the background, means, and method of the crime; and (d) the defendant has been subject to criminal punishment, such as imprisonment, etc. for the same kind of crime, even though there

In full view of the sentencing conditions, such as the Defendant’s age, character and conduct, environment, and family relationship, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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