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(영문) 울산지방법원 2020.12.18 2020노1126

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination is based on the circumstances favorable to the defendant, such as the fact that the defendant has a attitude to repent and reflect his mistake, and that some of the circumstances can be considered in the living environment of the defendant.

On the other hand, however, the defendant was in the period of repeated crime due to the same criminal act, and even if he was punished several times, he committed the crime of this case, and the fact that there seems to be no opening, and most of the damages have not been recovered, etc. are the circumstances unfavorable to the defendant.

In addition, comprehensively taking account of the following conditions, such as Defendant’s age, character and conduct, environment, and change of circumstances after the sentence of the lower judgment, the lower court’s sentence cannot be deemed to be excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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

(However, since it is apparent that "2019." in the part of the judgment of the court below is a clerical error in "2019.", it shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.