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(영문) 울산지방법원 2013.08.30 2013노514
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the instant case, the sentence imposed by the lower court (a fine of KRW 7 million, etc.) on the Defendant is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too unfasible and unreasonable.

2. In full view of the following circumstances: (a) the Defendant and the Prosecutor’s assertion that the Defendant did not have a large amount of money that the Defendant received from the victim; (b) the Defendant did not recover from damage; (c) the Defendant again committed the instant crime despite the fact that the Defendant had been punished in total due to fraud, etc.; (d) the equity between the case where the instant crime and the first head indecent act by compulsion, etc. in the judgment of the lower court, which became final and conclusive under Article 39(1) of the Criminal Act, should be taken into account; and (e) the Defendant’s favorable circumstances, such as the Defendant’s age, character and conduct, environment, and conditions of sentencing, such as the Defendant’s age, character and conduct, and circumstances after the crime, etc., the sentence imposed by

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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