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(영문) 울산지방법원 2014.10.07 2014노548
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. After Defendant A filed an appeal against the lower judgment on June 17, 2014, Defendant A filed an appeal against the lower court, and on July 4, 2014, Defendant A failed to submit the statement of grounds of appeal within 20 days from the date on which the submission period for filing the statement of grounds of appeal was filed, while Defendant A received a notification of the receipt of the notification of grounds of appeal from this court on July 4, 2014. The petition of appeal does not state any grounds for

Therefore, under Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, Defendant A’s appeal should be dismissed by decision. However, as long as Defendant B’s appeal is rendered as follows, it shall be dismissed by decision.

2. Judgment on Defendant B’s appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment for eight months and one year of suspended execution) is too unreasonable.

B. In light of the background, means, and amount of deception, etc. of the instant crime, even if Defendant B did not have the same criminal record, Defendant B recognized the crime and reflects it, and considering the fact that the agreement with the victim was reached, the sentence of the lower court is too unreasonable.

C. In conclusion, Defendant B’s appeal of this case is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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