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(영문) 울산지방법원 2018.01.26 2017노1546
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the Defendants (three months of imprisonment) is too unreasonable.

2. Although the defendants showed the attitude of recognizing and opposing the crime, in the case of the defendant A, there are favorable circumstances for the defendants, such as the fact that the court below agreed smoothly with the victim of the crime of fraud, the amount of fraud, and the degree of injury of the victims, etc., but the court below seems to have determined punishment by fully considering the above circumstances.

B. In full view of the circumstances that are disadvantageous to the Defendants, including the fact that Defendant A was habitually punished for a crime of fraud, and the fact that Defendant B had been punished several times, including three times of suspended sentence for a crime of violence, despite the fact that the crime of this case was committed, and other circumstances, including the Defendants’ age, sexual behavior, environment, motive and circumstance of the crime, etc., the lower court’s punishment is too unreasonable even if considering that the Defendants agreed with the victims of the crime of injury, and the Defendants reached an agreement with the victims of the crime of violence.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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