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(영문) 울산지방법원 2020.10.16 2020노537
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The fact that the defendant's decision on the grounds for appeal is likely to not repeat again because he/she reflects his/her mistake, that the victim does not want the punishment of the defendant, that the defendant returned part of the money obtained by deception, and that part of the damage has been restored within that scope is favorable to the defendant.

On the other hand, the Defendant committed a second offense even though there are many records of punishment for the same criminal act, and in particular, the Defendant committed the instant crime during the period of repeated crime after having been sentenced to a punishment for the immediately preceding criminal act, and the Defendant released from the prison after having been sentenced to the punishment for the criminal act for the criminal act for the criminal act for the criminal act for the criminal act for the criminal act for the criminal act for the criminal act for the criminal act for the crime of fraud

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 sentence 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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