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(영문) 울산지방법원 2018.01.19 2017노1510

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment shows the attitude of the defendant to reflect his mistake by recognizing the crime, and the fact that there is no particular criminal history except that the defendant has been sentenced once to a fine for this paper crime is favorable to the defendant. However, each of the crimes of this case is that the defendant deceivings the victim who was friendly by deceiving the victim of sexual intercourse, defrauds the victim total of KRW 11,499,00 in the name of his father's treatment expenses, and steals the victim's wallets and cash in the form of singing room. The crime of this case was committed using the victim's trust relationship with the victim, and it was committed by agreement with the victims or failed to recover damage to the victims.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. Thus, the defendant’s assertion is without merit.

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