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(영문) 울산지방법원 2015.04.10 2015노130
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The fact that the Defendant was in the first instance and all of the instant crimes were recognized and reflected, and in the case of fraud, the fact that the amount of damage is not large is favorable to the Defendant.

However, considering the fact that the Defendant committed the instant crime without weight despite the period of repeated crime, and that the Defendant had an attitude to disregard the legal order, including the past record of punishment for the same kind of crime, and that there is no more than 27 times, it is deemed that the Defendant has committed the instant crime. Therefore, it is unreasonable to view that the heavy punishment is inevitable, considering the unfavorable circumstances, such as the victim’s damage has not been completely recovered, and the Defendant’s age, family relation, criminal record relation, character and conduct, environment, means and method of the instant crime, motive and circumstance of the crime, and the result of the application of the sentencing guidelines of the Sentencing Commission by the Sentencing Committee, etc., the lower court’s sentencing conditions as shown in the instant argument, such as all kinds of sentencing conditions as

3. 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.

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