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(영문) 울산지방법원 2015.01.30 2014노1167

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment amount to KRW 82 million is 82,00,000, the victim acquired father's retirement benefits, which is causing damage, the defendant was issued a detention warrant because he did not attend for a long time after extending the sentence for agreement in the first instance court, and was arrested and detained on the wind to commit the violation of the Road Traffic Act, the Road Traffic Act, and the Road Traffic Act, the blood alcohol concentration level at the time is not low, the defendant has the record of being punished two times by a fine due to his past record under suspended execution due to fraud and drinking driving, and the defendant has the record of being punished two times due to his criminal act on December 12, 2012, which was immediately prosecuted as the fraud of this case. However, in light of the fact that the defendant received a summary order as the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., the defendant's severe punishment needs to be imposed on the defendant by taking into account the following factors: the defendant's family members do not want the punishment of the defendant; the defendant's life and behavior of this case should be sentenced to 9 years.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court, as well as the case.