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(영문) 울산지방법원 2018.07.20 2018노494
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and two hundred hours of community service order) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. In light of the judgment, the crime of this case is considered to be disadvantageous to the defendant, because the defendant, who is the operator of the victim protection facility of domestic violence, obtained the above facility subsidies by fraudulent means for a long time, thereby hindering the development of the subsidy project, bringing about the local government's budgetary loss, and ultimately passing the local government's damage to the local government.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, sex, environment, circumstances after the crime, change of circumstances after the pronouncement of the judgment below, etc., the punishment of the court below seems to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it appears that the court below's punishment is within the reasonable and appropriate scope, and it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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

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