logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.11.13 2020노1062
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant had an attitude to recognize and reflect his mistake; and (b) the fact that the Defendant has endeavored to recover damage and partly repaid the damage to 22 of the entire 33 victims.

However, the crime of this case is a case where the defendant obtained money from a large number of victims as if it were to deliver game items, etc., and the victim did not reach 33 persons and the total amount of damage is not high, and the crime of this case is not high. The defendant went to the crime of this case without being aware of it during the period of repeated crime, and the defendant seems to have never been able to go to the crime of this case, and the fact that the money acquired is likely to be subject to criticism by spreading it to gambling, and that the damage has not yet been recovered, etc. is disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the factors of sentencing as indicated in the instant case’s records and arguments, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, Article 35(2) of the Criminal Act provides that "The victims mentioned in Article 35(1) through (9) of the Criminal Act shall be the victims mentioned in Article 35(1) of the Criminal Procedure Act, since it is apparent that "the victims mentioned in Articles 35(1) through (8) of the Criminal Procedure Act shall be the clerical error of "the victims mentioned in Articles 25(1) of the Criminal Procedure Act (the ex officio correction shall be made pursuant to Article 25(1) of the Regulations on Criminal Procedure."

arrow