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(영문) 울산지방법원 2018.12.07 2018노976

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In light of the judgment, the Defendant committed a repeated crime during the period of a repeated crime of the same kind even though he/she had a criminal record of multiple times, etc., which is disadvantageous to the Defendant.

On the other hand, however, there is a relatively less favorable condition for the defendant, such as the fact that the damage amount to the crime of this case is not likely to be caused and that the defendant is against the depth while committing the crime, the investigation stage and the original trial by obtaining the victim by the full payment of the whole amount of the money, and the agreement with the victim by the original trial, and the fact that the injured party wants to have the wife against the defendant, and that the family member of the defendant wanted to have the wife against the defendant, and that social ties relationship is relatively clear, such as the defendant's age, sexual behavior, environment, motive and background, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the original judgment, etc., it cannot be said that the punishment of the court below is within a reasonable and appropriate scope, and it is unfair because it is too unreasonable

Therefore, prosecutor's assertion is without merit.

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