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(영문) 울산지방법원 2015.01.09 2014노994
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the punishment imposed by the court below on the defendant is too unreasonable.

On June 3, 2011, the defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence due to special larceny by the Ulsan District Court on June 3, 201, and the above judgment became final and conclusive on June 11, 2011, each of the crimes of this case is under suspension of execution, and when examining the criminal records of the defendant who was punished 20 times due to the violation of Special Theft, larceny, fraud, and Punishment of Violences, etc. Act, it seems that the awareness that the defendant should comply with the norm is somewhat insufficient.

In addition to the above circumstances, the lower court determined that a reasonable sentence is determined by comprehensively taking into account the equity in the case of a judgment at the same time with a special larceny, etc. for which a judgment has already become final and conclusive, the Defendant’s age, family relationship, criminal records, criminal records, character and conduct, environment, and circumstances after the crime, and thus, the Defendant’s assertion of unfair sentencing is not acceptable.

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

(However, the part of the judgment of the court below is that "the defendant was sentenced to one year and six months of imprisonment with prison labor at the Ulsan District Court on September 23, 2013 due to special larceny, etc., and the judgment became final and conclusive on February 13, 2014," and "1. E's statement of evidence" in "1. E" is changed to "the police statement of 1. E" and it is corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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