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(영문) 서울동부지방법원 2015.02.06 2014노1780
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Scope of the trial of the political party, and a summary of the grounds for appeal;

A. As to the fraud of the instant case, the lower court rendered a judgment of not guilty, and rendered a judgment of not guilty as to the charge of: (a) having convicted of the fraud of the instant case; (b) having committed imprisonment; and (c) having interfered with business affairs of the instant case, the lower court rendered a judgment of not guilty.

However, while the defendant appealed on the guilty portion of the court below on the grounds of unfair sentencing, since the defendant and the prosecutor did not appeal the acquittal portion, the scope of this court's judgment is limited to the portion on which the judgment of conviction was pronounced in the court below

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. In the judgment of the court, there are some favorable circumstances for the defendant, such as the fact that the defendant made a confession of all the crimes and made it difficult for the basic livelihood recipients to make a living, that the degree of damage caused by the crime of this case is not significant, that the defendant recovered damage equivalent to KRW 82,00 from the victim D for the recovery of damage, that N, an accomplice of the defendant recovered damage equivalent to KRW 195,00 from the victim P for the recovery of damage. However, each of the crimes of this case was provided by the victims as if the defendant would pay the price, and acquired it through the victim, and demanded the payment of food cost. On the other hand, each of the crimes of this case was disturbed from the restaurant on the ground that the defendant was provided with the victim with the food or alcohol, and tried and abused the police officer dispatched after receiving a report, and that the defendant was punished on the part of the hospital room without any justifiable reason, and that the defendant committed the crime of fraud and the crime of assault, such as assaulting the staff who collected water at the hospital room room, and executed punishment on 316.

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