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(영문) 울산지방법원 2014.10.24 2014노835

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Considering favorable circumstances, such as the Defendant’s confession and reply to each of the crimes in this case, the agreement with one of the victims of the fraud, and the Defendant’s absence of the record of punishment for a suspended sentence or heavier punishment within the last ten years, the lower court’s punishment is too unreasonable in light of the following: (a) even if the Defendant committed an act of unfolding the Defendant’s refusal to pay the price at the drinking house on four occasions in the instant case; (b) the two times of the crime is not good; (c) the Defendant committed an act of assaulting the drinking house business owner demanding the drinking value or destroying property; (d) the Defendant’s history of punishment for theless fraud is considerably large; and (e) the Defendant was sentenced three times due to a violent crime, etc.; and (e) the Defendant was arrested as a flagrant offender and committed another unfolding crime even after being investigated.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.