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(영문) 울산지방법원 2013.10.11 2013노565
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on June 20, 2013, but was notified of the notification of the receipt of the trial record by the court on July 18, 2013, the Defendant did not submit the statement of grounds for appeal within 20 days, which is the submission period for the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act. The petition of appeal does not contain any statement of grounds for appeal, nor does there exist

(2) The Defendant filed a written statement of grounds for appeal containing the same purport after the conclusion of the trial proceedings at the court of first instance on the date of the trial. However, this cannot be deemed a legitimate ground for appeal as a subsequent argument filed after the deadline for submitting the grounds for appeal, and the evidence duly adopted and investigated by the lower court can be fully convicted of the facts charged).

A. In light of the overall circumstances of the instant case, the sentence imposed by the lower court (two years of imprisonment with prison labor for six months and two years of suspended sentence) is too unhued and unreasonable.

B. Although there are unfavorable circumstances such as the Defendant’s failure to take advantage of the victim, and the Defendant’s past records of punishment several times due to fraud, etc., the prosecutor’s assertion is without merit, considering the following comprehensively: (a) equity in cases where the first head of the judgment that became final and conclusive by the instant crime and the judgment pursuant to Article 39(1) of the Criminal Act ought to be considered at the same time; (b) the amount of damage caused by the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the instant crime; and (c) all the sentencing conditions, including the amount of damage caused by the instant crime

3. In conclusion, the defendant's appeal shall be made by decision in accordance with Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act.

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