logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.04.24 2020노262
사기등
Text

The prosecutor's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. The Defendant committed the instant crime again despite the fact that the Defendant had been punished for the same or similar crime, and the Defendant has committed the instant crime by abusing the common telecommunications fare system or the subscription conditions, thereby continuously and repeatedly falling short of the number of crimes, and the method, mode, and progress of the instant crime is not good, and there are considerable damages due to the instant crime, and the fact that the damage has not yet been recovered is disadvantageous to the Defendant.

On the other hand, it is favorable to the defendant that the defendant does not repeat the crime, that there is no penalty power exceeding the fine, and that there is a circumstance that can be considered in the living environment of the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, etc., the lower court’s punishment cannot be deemed as being too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. Inasmuch as the instant application for compensation was dismissed after the closing of argument in the trial, this constitutes a case where an application for compensation is unlawful.

4. In conclusion, the prosecutor's appeal is without merit. Thus, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application for compensation by the applicant for compensation is unlawful. Thus, it is so decided as per Disposition with the decision to dismiss it pursuant to Article 32 (1) 1 and (2) of the Act on Special Cases

arrow