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(영문) 청주지방법원 2015.10.02 2013노997
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (500,000 won of fine) declared by the court below is too unreasonable.

2. The Defendant brought the instant crime to a net order.

In addition, the amount acquired by the defendant through the crime of this case is 151,000 won, and it is difficult to view that the degree of damage is serious.

In addition, the facts that the instant crime ought to be considered in relation to the concurrent crimes between the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on May 11, 2012, and the latter part of Article 37 of the Criminal Act, should be considered together with the case to be judged.

However, the crime of this case is a so-called “unauthorized type” case where the Defendant had no intent or ability to pay the price, and where the Defendant had been provided with drinking and drinking in an entertainment drinking house, considering the fact that the employee left the place after the marbing process, the punishment of the unlawful act is not weak.

In addition, the Defendant did not take any measures to recover the damage of the victim until now.

This is the following day after the Defendant committed the instant crime, and it appears that the Defendant committed each of the instant crimes without any awareness by committing any such crimes as committing a summary order (Cheongju District Court 2012 High Court 2012 High Court 1856). The favorable circumstances seen earlier appear to have been sufficiently reflected in the judgment of sentencing by the lower court, taking into account the following various circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the instant crime, etc., the lower court’s sentencing is deemed unreasonable because it is too unreasonable.

Therefore, Defendant’s ground of appeal cannot be accepted.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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