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(영문) 울산지방법원 2016.01.08 2015노1244
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized the crime of this case and committed it against the victim, and that the accomplice C, who is an accomplice, partially repaid the victim's damages, etc. is favorable to the defendant. However, the crime of this case is committed by the defendant by taking account of the defendant's age, gender, family environment, motive and circumstances of the defendant's criminal act, the motive and circumstances of the crime of this case are not recognized by taking into account the following factors: (a) the defendant has committed the crime of this case systematically and over several times; (b) the victim who has been working for the past with the victim in the gambling of this case; (c) the victim who has been employed for the past in the gambling of this case has not agreed with the victim until the trial of this case; (d) the crime of this case was committed 18 times or more, including six times the punishment force due to fraud; and (e) the defendant's age, sex, family environment, motive and circumstance of the crime of this case; and (e) the sentencing guidelines and punishment of this case are not recognized by the committee.

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

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