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(영문) 울산지방법원 2015.10.30 2015노1012
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the Defendant confessions and reflects all the instant crimes; (b) the amount of deceptions is relatively minor to KRW 100,000; and (c) the victim H and N agree with the investigative agency, etc., which are favorable to the Defendant; (b) the Defendant repeatedly committed each of the instant crimes against eight victims at approximately 4 months after having been sentenced to imprisonment for six months due to the crime of obstruction of performance of official duties; (c) the Defendant was punished more than 16 times including three times a sentence; (d) six of the victims still want to be punished against the Defendant; and (e) other various sentencing conditions as shown in the instant arguments, such as the Defendant’s age, character and conduct, home environment, motive and background of the instant crimes, the means and consequence of the crime, and the application of the sentencing guidelines of the Sentencing by the Sentencing Committee, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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