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(영문) 창원지방법원 2016.01.07 2015노2628
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts the gist of the grounds for appeal that the punishment imposed by the court below (one year of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflected his mistake.

However, the crime of this case was committed in the light of the following circumstances: (a) the Defendant was provided with alcohol and alcohol against the ordinary people who run the drinking house and interfere with the main operation thereof; (b) the Defendant was punished several times as the same crime; and (c) the Defendant was sentenced to one year of imprisonment on April 15, 2014 due to fraud, etc. on which the execution of punishment was completed on December 28, 2014 and committed the crime of this case even if he was committed a repeated crime; (d) the Defendant committed the crime of this case even if he was committed a repeated crime on December 28, 2014; and (e) the victims did not submit any specific data about the recovery of damage until the trial was completed; and (e) there was no special circumstance or change that is newly considered in the sentencing after the sentence of the lower judgment; (e) the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, and thus, it cannot be deemed that the punishment of this case is excessively unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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