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(영문) 울산지방법원 2019.09.20 2019노643

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized the instant crime; (b) the victims have compensated for damage; and (c) the fact that the judgment should take into account the equity in the case where the judgment is rendered simultaneously with the final judgment of fraud.

On the other hand, however, the Defendant committed a second offense despite several times, and the execution of detention was suspended and released while being detained due to the same type of fraud crime, and the execution of detention was also committed again during the period of release. In full view of all the sentencing conditions of the instant pleadings, such as the Defendant’s economic situation, age, character and behavior, environment, circumstances after the crime, and whether there was a change in circumstances after the sentence of the lower judgment, the lower court’s punishment appears to be reasonable and appropriate, and it cannot be deemed unreasonable.

Therefore, 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 since the defendant's appeal is without merit. It is so decided as per Disposition.