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(영문) 울산지방법원 2018.06.22 2018노323

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (ten months of imprisonment, two years of suspended execution, and two times of community service order) is too unreasonable.

2. In full view of the fact that the defendant had an attitude to reflect his mistake, that the court below agreed with the victim, that there was no past record of punishment for the same kind of criminal record, etc., the sentencing factors that can be considered for the defendant, or that the crime of this case was committed by deceiving the victim by deceiving him, and that the amount of the crime of this case is not significant, and that the change to the victim was not practically achieved, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, sex, sex, family environment, motive and background of the crime, means and consequence of the crime, and the application of the sentencing guidelines of the Supreme Court sentencing committee, such as the situation before and after the crime, etc., it is not recognized that the punishment imposed by the court below is unfair because it is too unreasonable.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 200Da36414, Jun. 14, 2016).