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(영문) 울산지방법원 2017.11.03 2017노951
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. The judgment shows the attitude of the defendant to reflect his mistake by recognizing the crime, and the amount of damage of each of the crimes of this case is minor and the amount of damage was recovered in whole, etc. However, each of the crimes of this case was committed as if the defendant had been aware of his money by pretending to be married guests in the wedding place, and received the victim's food and answer plastic bags as well as other unfavorable circumstances, including the defendant's age, sexual behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the arguments, shall be considered in full view of all the circumstances that are favorable to the defendant, and thus, the sentence of the court below is too unreasonable even if considering all the circumstances favorable to the defendant, and thus, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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