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(영문) 울산지방법원 2014.04.18 2014노147
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the punishment (one year of imprisonment) imposed by the court below on the defendant is too unfasible and unfair.

Judgment

Although the Defendant was sentenced to a suspended sentence for fraud in 2011, the sentence of the suspended sentence was invalidated, and the sentence of the suspended sentence was imposed accordingly. However, immediately after the execution of the sentence was completed, the Defendant was sentenced to a fine for the crime of interference with business, etc., and the so-called the Defendant was sentenced to a fine for each of the crimes of this case. In the end, although the so-called crime of this case was under unfavorable circumstances, the Defendant appeared to have committed each of the crimes of this case as he did not live normally due to the symptoms of alcohol addiction, and was making efforts to leave the hospital to avoid alcohol addiction, such as entry into and discharge from the hospital. Other favorable circumstances such as the Defendant’s age, family relation, criminal record, relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, etc., the prosecutor’s assertion of unfair sentencing is without merit.

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

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