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(영문) 울산지방법원 2018.12.07 2018노1033
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. The judgment shows the attitude of the defendant to recognize the crime of this case as well as to reflect his mistake; the amount of the crime of this case is relatively little; the defendant paid back the amount of damage and agreed smoothly with the victim; the defendant has been punished several times prior to the crime of this case; the defendant has been punished for the same crime of this case; and in particular, the defendant has committed the crime of this case under the unfavorable circumstances such as his age, sexual behavior, environment, family relationship, motive and circumstance of the crime of this case; and other various circumstances, which are conditions for sentencing as shown in the arguments, including the defendant's age, sexual behavior, family relation, and circumstances after the crime, are considered in full favorable to the defendant, and thus, it cannot be deemed unfair since the court below's punishment is too excessive even if considering the circumstances favorable to the defendant. Thus, the defendant's assertion has no merit.

3. In conclusion, 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. It is so decided as per Disposition.

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