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(영문) 서울북부지방법원 2014.02.14 2013노1604
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of six million won) is too unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) there are circumstances under which the health conditions are not good, such as the snow disorder; and (c) an agreement with the defrauded was reached in the first instance trial, which is favorable to the Defendant.

However, the crime of this case is committed by deceiving the victim and deceiving the victim under the name of borrowed money and driving under the influence of 0.098% of blood alcohol level without the driver's license without the driver's license, and the act of driving under the influence of alcohol without the driver's license is not easy, and there is a need to strictly punish the defendant as a crime that may threaten the life of others as well as the defendant; the defendant has been punished two times due to the drunk driving and refusal of alcohol measurement; and other circumstances that are conditions for sentencing such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime, etc., the defendant's above assertion is too unreasonable. Thus, the defendant's above assertion is without merit.

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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