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(영문) 울산지방법원 2017.02.16 2016노2243
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment) of the lower court is too heavy or unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant that the victim acquired money from the victims through employment or personnel solicitation, and that the crime of this case is not good, and that the money acquired through the crime of this case is a large amount of KRW 83 million and the damage is not recovered at all.

However, in full view of all the circumstances that are the conditions for the sentencing of the instant case as shown in the process of trial and records, such as the fact that the Defendant both recognized the instant crime and reflects the fact that there is no record of criminal punishment for the same kind of crime, and the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, the lower court’s punishment is too heavy or unbrupted, and thus, it does not seem unfair. Accordingly, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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