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(영문) 울산지방법원 2017.05.18 2017노118
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not actively commit a deceitful act by requesting the victim to lend money under the name of hospital expenses as shown in the instant facts charged, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of the instant facts charged.

B. The defendant guilty for an unfair sentencing

Even if the court below's sentence (eight months of imprisonment) imposed on the defendant is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the evidence adopted by the court below by the defendant, such as the confession of the facts charged in this case in the court of original instance, the defendant's assertion of mistake of facts is sufficiently recognized, so the defendant's assertion of mistake of facts is without merit.

B. Circumstances favorable to the unfair argument of sentencing: the defendant does not have the same criminal record.

Unfavorable circumstances: The damage caused by the instant crime was not recovered, and the agreement was not reached.

In full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including the above favorable circumstances, unfavorable circumstances, the Defendant’s age and character environment, relationship with the victim, motive means of crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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