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(영문) 울산지방법원 2013.09.13 2013노404
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one million won of a fine) declared by the lower court is too unhued and unreasonable.

2. The following facts are that the Defendant had been punished several times for committing a crime of the same kind of fraud, and among them, there are three times of punishment, and the Defendant again committed the same kind of crime since he/she was sentenced to imprisonment for one year and two months on December 9, 201 by committing a crime of the same type on the grounds of fraud on December 9, 201, and the Defendant committed the same act of the same type of crime, other than the same fraud criminal records, has a record of having been punished for public performance,

However, in full view of the fact that the amount of the crime of this case is minor, and that the defendant pays the victim the amount of damage in the trial, and the victim is the prior wife of the defendant, and that the defendant does not repeat the crime of this case in depth, as well as all the sentencing conditions specified in the records and arguments, such as the defendant's age, character and conduct, environment, etc., it does not seem that the sentence imposed by the court below is too unreasonable.

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

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