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(영문) 울산지방법원 2015.12.11 2015노899
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment, one year of suspended execution, and 40 hours of community service order) is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case, the defendant has no record of being sentenced to the punishment, and the crime of this case is in concurrent crimes between the violation of the Attorney-at-Law Act and the latter part of Article 37 of the Criminal Act, and thus the equity with the case to be judged at the same time under Article 39(1) of the Criminal Act should be considered. The fact that the defendant paid damages at the court below and agreed with

However, the crime of this case is committed by the Defendant by acquiring money from the victim for employment expenses without the intent or ability to have the victim employed his children, and the crime of this case is committed in light of the criminal law and the content of the crime, such as abusing an imminent deliberation to help the victim find his own employment, etc., and it seems that the crime of this case was very poor, and that the mental suffering suffered by the victim was not pecuniary damage. The circumstances favorable to the Defendant were already considered in the lower court, and there was no change in the circumstances or circumstances that could be newly considered in sentencing after the sentence of the lower judgment.

In full view of the above favorable circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, etc., even if considering all favorable circumstances for the Defendant, it cannot be deemed that the lower court’s punishment is excessively unreasonable. Moreover, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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