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(영문) 울산지방법원 2015.10.08 2015노802
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized each of the instant crimes; (b) the amount of damage caused by each of the instant crimes appears to be somewhat minor in total to KRW 103,360; and (c) the Defendant has no record of being punished beyond the fine for the same crime.

However, in light of the fact that each of the crimes in this case committed several times by the Defendant interfered with or without business operations against the main points, the proprietor of the restaurant, etc., and that the quality of the crime is not good in light of the law and content of the crime, and that the Defendant continued to commit the same crime even though he was sentenced five times to a fine for the same kind of crime only in 2014 and was sentenced five times for the same crime, the risk of repeating the crime seems considerably high. Therefore, in order to prevent recidivism, it is necessary to isolate the Defendant from society for a considerable period of time, and until the trial at the trial at the trial at the time, the victims did not fully recover from damage to the victims, and the fact that the victims did not agree with the victim is disadvantageous to the Defendant.

In full view of the above favorable circumstances and conditions, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstances after the commission of the crime, and other various circumstances, which are conditions for sentencing as shown in the trial process, even if considering all favorable circumstances for the Defendant, it cannot be deemed unfair since the lower court’s punishment is too unreasonable. 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 ground that it is without merit. It is so decided as per Disposition.

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