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(영문) 울산지방법원 2016.10.28 2016노1578
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one month of imprisonment, a fine of three hundred thousand won) is too unhued and unreasonable.

2. The judgment of the court below was based on the records and various sentencing factors revealed in the trial process, including the defendant's age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and the situation after the crime, etc., that each of the crimes of this case was committed during the period of repeated crime due to the same fraud, the victims are many victims and the victims do not agree with the victims, etc., which are disadvantageous to the defendant. However, the amount of damage is relatively small, each of the crimes of this case is committed three years prior to each of the crimes of this case, and the defendant is deemed to have lived in good faith after each of the crimes of this case, and there is no other or change in circumstances that are newly considered in the sentencing after the judgment of the court below was rendered, and there is no other extenuating circumstances or changes in circumstances that are newly considered in the sentencing after each of the crimes of this case. The court below's sentence is too inappropriate, and the prosecutor's allegation in this case is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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