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(영문) 울산지방법원 2019.01.25 2018노1248
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. In determining whether the Defendant was the primary offender, and the Defendant was satisfying in depth when committing the crime while committing the crime, etc., are favorable to the Defendant.

On the other hand, in light of the background of the instant crime, the method of the commission of the crime, and the scale of damage, etc., the circumstances that are disadvantageous to the Defendant, such as the fact that the nature of the crime and the circumstances of the crime are not weak, the recovery of damage is insufficient, and the victims want to be punished by the Defendant up to the trial, are disadvantageous to the Defendant. In addition, comprehensively taking account of the Defendant’s economic situation, age, character and behavior, environment, circumstances after the commission of the crime, and whether the circumstances after the sentence of the lower court was changed, the lower court’s punishment appears to be within reasonable and appropriate scope, and is 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 since the defendant's appeal is without merit. It is so decided as per Disposition.

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