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(영문) 울산지방법원 2019.10.11 2019노902

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The crime of this case is planned by the Criminal Code and the form of the crime, and the nature and circumstances at the time of the crime are not good in light of the background and circumstances at the time of the crime. Despite the fact that three victims of the crime of this case are the victims and the extent of the damage is considerable, the defendant did not agree with the victims or fail to recover the damage properly, and most of the money acquired is used as gambling money at the Internet gambling site of the sports earth.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, and family relationship, the punishment of the court below seems to be reasonable and appropriate, and it cannot be deemed unfair because it seems that the defendant is within the reasonable and appropriate scope, and it seems that the victims are also responsible for the expansion of damage caused by the crime in this case, the mother of the defendant appears to have been repaid some of the amount to the victim B through the mother of the defendant, and there is no record of punishment for the same kind of crime.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor'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.