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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2018.01.12 2017노1476
사기미수등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant shows the attitude of reflecting his mistake while recognizing the crime, the scale of damage caused by each crime is not significant, certain crimes are attempted, and the defendant has intellectual obstacles, etc. However, each of the crimes of this case is that the defendant stealss the victims' property through several times, stealss, stealss property by using stolen cards, intrudes the structure for the purpose of theft of property, intrudes upon the stolen credit cards and debit cards, and uses stolen credit cards and debit cards. Each of the crimes of this case was committed repeatedly against many victims during the short term, and did not recover damage to victims until the depth of the case, and there were several records of punishment for the same crime against the defendant.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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