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(영문) 울산지방법원 2020.07.24 2020노524
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. As to the grounds for appeal, it is favorable to the defendant that the defendant would not repeat again while reflecting his/her mistake, and that there are circumstances that can be considered in the living environment of the defendant, as the primary offender, and that there are some other factors to consider in the living environment of the defendant.

On the other hand, the fact that the defendant committed the crime against the victim continuously and repeatedly for a considerable period of time, the amount of damage caused by the crime of this case is considerably large, the damage has not been recovered most, and the fact that the victim wants to punish the defendant is disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.

Therefore, 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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