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(영문) 울산지방법원 2020.11.27 2020노1136
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Determination is based on the circumstances favorable to the defendant, such as the fact that the defendant shows an attitude to recognize and reflect his/her mistake, and that there is no penalty power exceeding the fine.

However, even though the defendant had the record of punishment for the same criminal act, the defendant seems to have never shown the opening of the crime of this case, and the defendant's pecuniary benefits acquired by the credit card of the victim are not significant, and the damage recovery is not fully performed, etc. are disadvantageous to the defendant.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing the crime, the lower court’s punishment cannot be deemed to be excessively 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 since it is without merit. It is so decided as per Disposition.

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