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(영문) 울산지방법원 2014.12.17 2014노869
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the punishment imposed by the court below (2 million won of fine) is too unreasonable.

The circumstances, such as the fact that the defendant was deaf and mute, and led to the crime due to economic difficulties, are deemed to have already been reflected in the lower judgment that reduced the fine amount of the summary order. In full view of the criminal records repeated by the defendant and all the sentencing conditions, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the sentence imposed by the lower court is deemed to be reasonable and unreasonable. Therefore, the defendant’s assertion of unfair sentencing is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, since Article 35 of the Criminal Code appears to be erroneous entry in the "Application of the law" of the judgment below, it shall be corrected to delete it ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure, since Article 35 of the Criminal Code is seen as erroneous entry

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